URUNGA SURF LIFE SAVING CLUB
INCORPORATED CLUB RULES & CONSTITUTION
AGM Motions Passed 20th May 2006
Reprinted 30th May 2006
Article 16 and 31
SECTION 1 - Name, Control, Objects
1. NAME
2. DEFINITIONS
3. OBJECTS
4. ALTERATION OF OBJECTS AND RULES
5. CONTROL
6. AFFILIATION
7. CLUB COLOURS
SECTION 2 - Composition and Management
8. COMPOSITION
9. MANAGEMENT
SECTION 3 - Election of Officers, Life Members
10. OFFICERS
11. LIFE MEMBERS
SECTION 4 - Property and Finance
12. PROPERTY
13. FINANCE
14. SOURCE OF FINANCE
SECTION 5 - Procedures
15. MEETINGS
16. ANNUAL GENERAL MEETING
17. GENERAL MEETING
18. SPECIAL GENERAL MEETINGS
19. MANAGEMENT COMMITTEE
20. ABSENCE OF COMMITTEE MEMBERS
21. VOTING
22. QUORUMS
23. NOTICE OF MOTION
SECTION 6 - Club Membership
25. PRIVILEGES
26. DUTIES
27. LIABILITIES
28. APPLICATIONS FOR MEMBERSHIP
29. RENEWAL OF MEMBERSHIP
30. ACTIVE MEMBERSHIP
31. ASSOCIATE MEMBERS
32. RESERVE ACTIVE
33. LONG SERVICE
34. LIFE MEMBERS
35. MEMBERSHIP COMMITTEE AND DISCIPLINE
36. APPEALS
SECTION 7 - Miscellaneous
37. MEMBERS REGISTER
38. CUSTODY OF BOOKS, SECURITIES etc
39. COMMON SEAL
40. DISSOLUTION
SECTION 1 - Name, Control, Objects
1.NAME
The name of the Club shall be Urunga Surf Life Saving Club Incorporated.
2. DEFINITIONS
In this set of Rules and By Laws the following terms shall have the meanings
set out against them:-
“Association” - The Surf Life Saving Association of Australia
“Branch” - North Coast Branch SLSA
“Club” - Urunga Surf Life Saving Club Incorporated
“Member” - Unless specifically described, a person who has applied
and been granted membership.
“Committee” - The Management Committee
“Active member” - The Holder of an appropriate SLSA award.
3. OBJECTS
The objects of the Club shall be:-
(a) To promote, advance and control the work of Surf Life Saving on surf beaches
in the Urunga area.
(b) To extend the operations and teachings of the Association.
(c) To promote and demonstrate life saving methods.
(d) To preserve and safeguard life by the study and practice of methods of life
saving and to provide life saving appliances as reasonably required for such
purposes.
(e) To raise or borrow monies on security of any property held by the Club,
or without security as the Club sees fit.
(f) To promote uniformity of laws for control and regulation of surf bathing,
and assist local authorities in enforcing these laws.
(g) To generally do all such things as may appear to the Association to be incidental
to the attainment of the foregoing objectives.
4. ALTERATION OF OBJECTS AND RULES
The statement of objects may be altered, rescinded or added to only by a special
resolution of the Club. The special resolution must be passed by a majority
which comprises not less than three quarters of the Club members. Not less than
21 days, written notices of a meeting called to consider the special resolution
must be given and the special resolution shall accompany written notice of such
meeting.
Provided that the Minister of the Crown for the time being administering the
Charitable Collections Act 1934 shall be notified of the amendment and such
amendment shall not be effective unless the Minister has signified his approval
to such amendment being made.
5. CONTROL
The Club shall be subject to the control of the Branch to the extent of the
power of that Branch. The Club shall be charged with the fulfilment of the objectives
of the Association within the Club’s area.
6. AFFILIATION
The Club shall annually apply to the Branch for affiliation.
7. CLUB COLOURS
The Club colours shall be blue and gold.
SECTION 2 - Composition and Management
8. COMPOSITION
The Club shall consist of Officers, Active, Reserve Active, Long Service, Life,
Associate and Junior members.
9. MANAGEMENT
(a) The overall affairs of the Club shall be subject to the control of the General
Meeting of the Club.
(b) The Management Committee shall manage the Club affairs with the exception
of matters of policy, Rule change and large financial dealings. Recommendations
only on such matters shall be made to the General Meeting.
(c)The Management Committee shall comprise President, Vice President, Captain,
Vice Captain, Hon Secretary, Hon Treasurer, Chief Instructor, Power Boat Captain,
Gear Steward, First Aid Officer, Radio Officer, Boat Captain, Publicity Officer,
House Committee Chairman, two Branch Delegates, and two delegates from the Junior
Activities Committee, one of whom shall be the Chairman.
(d) The Executive Committee consisting of President, Vice President, Captain,Treasurer,
Secretary and JAC Chairman may deal with urgent matters outside of meetings,
provided all decisions of such Committee shall be ratified by the Management
Committee.
(e) Special committees shall assist in Club management.
(f) No member of the Management Committee shall be appointed to any salaried
office of the Club or any office of the Club paid by fees and no remuneration
or other benefit in money or monies worth shall be given by the Club to any
member of the Management Committee except repayment of out of pocket expenses,
interest at a rate not exceeding interest at a rate for the time being charged
by bankers in Sydney for money lent to the Club and reasonable and proper rent
for premises lent to the Club.
SECTION 3 - Election of Officers, Life Members
10. OFFICERS
(a) Officers shall be elected annually at the Annual General Meeting by secret
ballot.
(b) Nominations shall be submitted in writing and shall signify the nominee
is prepared to accept nomination, or may be accepted from the floor of the meeting
provided the nominee is present.
(c) Only holders of the Bronze Medallion shall be eligible for the following
positions:- Captain, Vice Captain, Power Boat Captain, Chief Instructor and
Boat Captain.
(d) All Officers appointed under this Rule shall hold office until the following
Annual General Meeting unless ceasing to hold office for any reason. Should
a vacancy occur through illness, incapacity or resignation, the vacancy may
be filled by the Committee subject to confirmation at the next General Meeting.
11. LIFE MEMBERS
A member may be elected to Life Membership of the Club by a two-third majority
of Club members present at the Annual General Meeting provided the member:-
(i) Shall be nominated by Club members
(ii) Shall have rendered conspicuous service to the Club in an active or administrative
capacity during a period of ten years.
(iii) Nominations shall first be considered by the Executive but there is no
restriction on the number to be considered.
SECTION 4 - Property and Finance
12. PROPERTY
The Club property shall be vested in the name of Urunga Surf Life Saving Club
Incorporated.
13. FINANCE
Financial affairs of the Club shall be conducted in the following manner:-
(a) An official receipt shall be issued for all monies received. All monies
shall be promptly banked in the name of the Club and in such Bank as the Club
directs.
(b) Payments shall be made by cheque signed by any two of the following:-
President, Vice President, Treasurer.
(c) The funds and property wheresoever derived, shall be expended for the carrying
out of the Club objects.
(d) Payments shall be first ratified by the Treasurer and shall be confirmed
at a Club meeting and a record kept in the Minutes.
(e) The Club financial year shall be from 1st July to 30th June in the following
year.
(f) That the cheque book for the Junior Activities Account be retained by the
Junior Activities Committee with the signature of either the President, Secretary
or Treasurer of the Senior Management Committee be required to co-sign the cheque,
with the Junior Activities Chairman, Secretary or Treasurer.
14. SOURCE OF FINANCE
The funds of the Club shall be derived from membership fees, donations, and,
subject to any Club resolution, such other sources as the Committee determines.
SECTION 5 - Procedures
15. MEETINGS
Club affairs shall be transacted at the following classes of meetings:-
The Annual General Meeting, General Meeting, Special General Meeting and Committee
Meeting.
(a) The Club Secretary shall cause full and accurate Minutes of all questions,
answers and resolutions and other proceedings of every meeting to be entered
into a book open for inspection at all reasonable times by any financial member
who has previously applied to the Secretary.
16. ANNUAL GENERAL MEETING
The A.G.M. shall be held prior to the end of June each year on a date fixed
by the Committee. The purpose of the A.G.M. shall be the adoption of annual
reports, election of officers, dealing with Notices of Motion and transacting
general business. Written notice of the meeting shall be forwarded to each member
by way of email, newspaper or posted on the website at least 14 days prior to
the meeting and the posting of notices shall be deemed as notices received.
17. GENERAL MEETING
Two General Meetings are to be held during the season. One meeting shall be
held during October. The Meeting shall follow Management Committee format. Except
where the business to be proposed requires a Special Club resolution, the Secretary
shall cause to be sent by pre-paid post to each member, a notice specifying
the place, date and time of the meeting and the nature of business proposed
to be transacted.
18. SPECIAL GENERAL MEETINGS
(a) May be called by Executive direction or by request in writing from eleven
members entitled to vote and stating the business to be discussed.
(b) Such meetings shall be held within twenty-one days of receipt of the request
and at least seven days prior notice shall be given on the Club notice board.
19. MANAGEMENT COMMITTEE
The Management Committee shall meet at least once in a calendar month excluding
the month when a General Meeting is held.
20. ABSENCE OF COMMITTEE MEMBERS
Should any Club committee member absent himself, without reasonable excuse,
for two consecutive meetings his office shall be declared vacant and the position
filled.
21. VOTING
(a) Only financial active, financial members of the Junior Activities Committee,
Reserve, Life and Officers shall be eligible to vote at any Annual General,
General or Special General Meeting.
(b) Committee members are the only persons eligible to vote at their particular
Committee meeting.
(c) The Committee Chairman shall have a deliberative and casting vote.
(d) The President and Club Captain shall, ex officio, be members of all Club
Committees.
(e) Each member shall be entitled to appoint another member as proxy by notice
given to the Secretary no later than 24 hours before the time of the meeting
in respect of which the proxy is appointed. No member may hold more than five
proxies.
22. QUORUMS
A quorum for the following classes of meetings shall be:-
GENERAL - 11 members
MANAGEMENT COMMITTEE - 5 members
EXECUTIVE - 3 members
SPECIAL - A majority of members
Should a quorum not be present within one half an hour of the time of the meeting
such meeting shall lapse.
23. NOTICE OF MOTION
Notice of Motion procedure shall be:-
(i) Notices of any motion, intended to be moved at any General Meeting, shall
be given in writing, signed by the mover and seconder thereof (who must be members
of the meeting to which the motions shall be referred) to the Secretary at least
fourteen days prior to the date of the meeting.
(ii) The meeting may by ordinary resolution grant the mover and seconder leave
to alter their motion, in a minor way, without altering the intention of the
motion. No amendment of the motion will be allowed.
(iii) An unsuccessful motion cannot be resubmitted, or a similar motion moved
within three months from its rejection.
(iv) A motion to rescind a motion carried at an Annual General Meeting may be
only considered at such a meeting. A motion to rescind an Executive decision
may be considered at any Club meeting.
24, TOPICS
Religion and politics and such matters shall never be part of the Club’s
business and are banned at any official meeting held in the Club.
SECTION 6 - Club Membership
25. PRIVILEGES
All Financial Active, financial members of the Junior Activities Committee,
Reserve Active, Life and Officers shall have the right to attend and vote at
the Annual General Meeting, General Meeting and special General Meeting. All
other members may attend, ask questions but have no voting rights.
26. DUTIES
All Club members shall abide by the Club Rules and By Laws.
27. LIABILITIES
The liability, if any, of a member to contribute towards payment of the debts
and liabilities of the club, of the costs, charges and expenses of the winding
up of the Club is limited to the amount, if any, unpaid by the member in respect
of Club membership.
28. APPLICATIONS FOR MEMBERSHIP
(a) All applications for the initial membership of the Club shall be made on
the prescribed form with the required fee.
(b) All applications for membership shall be submitted for approval to the next
Management Committee meeting of the Club.
29. RENEWAL OF MEMBERSHIP
(a) A member may apply for renewal of membership by payment of the prescribed
fee within one month of the Annual General Meeting.
(b) Any member who fails to renew his subscription by the required date shall
lose all rights and privileges and cease to be a member.
(c) Should an application for renewal be refused the member shall have the right
of appeal under Rule 36.
(d) Membership fees shall be decided by the Annual General Meeting.
30. ACTIVE MEMBERSHIP
Active Members shall be holders of an appropriate Association Award, pass the
annual proficiency test and shall perform duties as may be required. The Captain
may grant exemption of patrol duties to any Active member.
31. ASSOCIATE MEMBERS
(a) Associate Membership may be granted to any person who may or may not be
the holder of an Association award.
(b) Associate Members shall not hold voting rights unless elected to office.
(c) Associate membership shall be limited to persons over thirty years of age
unless special approval is given by the Club Management Committee.
32. RESERVE ACTIVE
(a) May be granted to any Active Member who has satisfactorily completed at
least eight years patrol obligations or as provided by the Association.
(b) Granting of Active Reserve Membership shall not be automatic but shall be
granted by resolution of the Committee. Recipients may be called upon to perform
patrol duties as required by the Association.
(c) Recipients shall complete the annual proficiency test.
33. LONG SERVICE
(a) May be granted by the Club to members who have completed ten years active
service or eight years active service plus four years active reserve service.
(b) Recipients shall be exempted from all patrol obligations and may be granted
other special privileges.
34. LIFE MEMBERS
The recipient shall enjoy the privileges of membership and have full voting
rights for life without payment of any annual fee.
35. MEMBERSHIP COMMITTEE AND DISCIPLINE
(a) The Annual Meeting shall elect a Membership Committee consisting of the
Club Captain and four other members who shall not be members of the Club Executive.
(b) The duties of the Membership Committee shall be:-
(i) Investigation of written reports of members not fulfilling patrol duties.
(ii) The imposition of additional patrols, duties or other admonition of any
member found in default of patrol duties without justifiable excuse. Continuing
default may cause the Committee to impose penalties on a member for acting prejudicially
to the interests of the Club. Still further default by a member may cause the
Committee to reach a decision the member has breached the Club Rules and By-Laws
and still further default may cause the Committee to reach a decision the member
is unfit to be a member of the Club.
(iii) The Committee shall consider no complaint unless same is in writing and
signed by the complainant, or unless the complaint is referred by the most senior
active officer or member of the Club (other than the member complained of) present
at the time a member of the public has voiced a complaint against a member.
Such active member or officer shall as soon as practicable after receipt of
the complaint record same in writing in the Club log book including full details
of time and place and incident complained of, and the name and addresses and
such other details of the members of the public making such a complaint. Such
active officer or member shall draw the attention of the Committee to such a
complaint as soon as possible.
(iv) Upon receipt of a complaint the Committee shall cause a complete copy of
such to be served on each member affected forthwith together with a notice requiring
such member to appear before it at a time date and place specified, such date
not being more than fourteen days from the date of receipt of the complaint
by the Committee.
(v) At the hearing of the complaint, the member complained against shall be
entitled to present arguments and evidence to the Committee, as shall the complainant
or the active officer or member presenting the complaint. Each shall be entitled
(subject to directions of the Chairman particularly in respect of members of
public appearing as complainant or witness) to cross examine witnesses and complainants.
(vi) After hearing all evidence the Committee by simple majority may:- - exonerate
the member
- admonish the member without further penalty
- impose such penalties in keeping with the seriousness of the offence, including
but limited to, additional patrols or other Club duties, a fine not exceeding
$50 per offence (such fines to be paid to general Club funds), suspension from
membership for periods not exceeding two months per offence or expel the member
as unfit to be a member of the Club.
(vii) The Committee shall, in reaching a decision other than to exonerate the
member, first decide that the material on which it has reached a decision has
satisfied it that the member has been guilty of an offence constituting:-
- misconduct on Club premises or elsewhere likely to bring discredit to the
Club and its members.
- misconduct on Club premises or elsewhere likely to bring discredit to the
Surf Life Saving Association.
- actions disloyal or prejudicial to the interests of the Club and its members.
- a wilful refusal or negligent failure to obey a reasonable order, request
or direction of a Club Officer in accordance with the duty of that Officer;
or of any similar breach of discipline in respect of Branch, State or other
duly authorised Officials.
- a breach of Rules and/or By Laws of this Club, or any other Club, Branch or
organisation within the Surf Life Saving movement in circumstances likely to
reflect adversely on this Club and its members.
(viii) The Committee shall be entitled to adjourn any hearing for just cause
for a period not exceeding fourteen days or to reserve its decision for a period
not exceeding seven days.
(ix) Within five days of the Committee recording its decision the Secretary
shall give written notice of the decision to all members concerned, including
the decision made in accordance with sub-paragraphs (vii) and (viii) hereof.
A decision other than to exonerate shall be deemed to take effect (in the absence
of appeal) at the expiration of fifteen days from the date two days after the
Secretary shall have given notice hereunder.
36. APPEALS
(a) Any member aggrieved by a decision of the Membership Committee or any other
Club Committee shall have a right of appeal to the General Committee of the
Club.
(b) The procedure for such appeals shall be laid down from time to time by the
club By Laws provided that no By Law which has the effect of requiring a member
to wait longer than 28 days from the date of lodgement of such appeal shall
be valid.
(c) Pending the determination of such appeal the appellant shall be fully entitled
to rights applicable to that members classification.
(d) The member bringing such appeal shall appeal in person at the General Meeting
convened for that purpose and shall be entitled to present arguments and evidence
(including witness documents or other material relevant to the issue) to such
meeting as shall the Chairman or other member of the relevant Committee.
(e) Voting on such appeal shall be by secret ballot and the decision of any
Committee appealed against shall not be varied or reversed unless the member
receives 75% of the votes of the members present. Should any appellant not be
exonerated the eligible members present shall be required by the Chairman forthwith
(and without further debate) after any submissions of the unsuccessful appellant
(not to exceed five minutes) by further secret ballot to decide:-
(i) To confirm the penalty of the Committee; or
(ii) To substitute another penalty, and if so the nature of such penalty. Should
such further vote not substitute a penalty by a decision of not less than 75%
of the members present the Committee’s decision appealed against shall
be confirmed.
(f) Any member aggrieved by the decision of the General Meeting of this Club
shall be entitled to appeal to Branch and/or State Centre in accordance with
the Rules and By Laws of such Branch.
SECTION 7 - Miscellaneous
37. MEMBERS REGISTER
(a)The Secretary shall maintain a register of Club members specifying the name
and address of the member, together with the date on which the person became
a member.
(b)The Members register, books, documents and securities of the Club shall be
open for inspection, free of charge, by any member at a reasonable hour after
prior request to the Secretary.
38. CUSTODY OF BOOKS, SECURITIES etc
Except as otherwise provided by these Rules, the Secretary shall keep in that
Officers custody or control, all books, records and other documents related
to the Club.
39. COMMON SEAL
The common seal shall be kept in the custody of the Club’s Public Officer
and shall not be affixed without the committee’s authority and attested
by the signatures of two Committee members.
40. DISSOLUTION
(a) The Club shall be dissolved in the event of membership less than seven or
upon the vote of a three fourths majority of members present at a Special General
Meeting convened to consider such question.
(b) Upon a resolution being passed in accordance with paragraph (a) of this
Rule all assets and funds of the Club on hand after payment of all expenses
and liabilities of the Club, be handed over to such registered or exempted Charities
as a simple majority of the members at the Special General Meeting so convened,
or at a subsequent Special General meeting, may decide.