TEA GARDENS HAWKS NEST SURF LIFESAVING CLUB INC. CONSTITUTION / RULES
PART 1 – PRELIMINARY
The Club shall be called the Tea Gardens Hawks Nest Surf Life Saving Club Inc.
The Club shall be affiliated with the Surf Life Saving Association of Australia and such other kindred bodies as may be determined.
In these rules, except in so far as the context or subject matter otherwise indicates or requires:
(i) “Club” means the Tea Gardens Hawks Nest Surf Lifesaving Club Inc.
(ii) “Member” means a member of the above named Club irrespective of the class of membership listed in rule 5.
(iii) “Secretary” means the secretary of Tea Gardens Hawks Nest Surf Lifesaving Club Inc.
(iv) “Public Officer” mans the public officer of Tea Gardens Hawks Nest Surf Lifesaving Club Inc.
(v) “The Committee” mans the management committee of Tea Gardens Hawks Nest Surf Lifesaving Club Inc.
(vi) “The Executive Committee” mans the Surf Life Association of Australia.
(vii) “The Association” mans the Surf Life Association of Australia.
(viii) “The Branch” mans Newcastle Branch of Surf Life Saving of Australia.
(ix) “The Act” means the Associations Incorporation Act 1984.
(x) “The Regulation” means the Associations Incorporation Regulation 1985.
(xi) “The Commission” means the Corporate Affairs Commission of NSW
The objects of the Club shall be:
(a) To study, practice, demonstrate and promote the values of Surf Lifesaving as taught by the Surf Life Saving Association of Australia
(b) To minimise the loss of life from drowning by providing efficient life saving apparatus, to render first aid on the beach and reserves as required.
(c) To obtain the best facilities for surf bathing by acquiring and improving any premises and equipment necessary for carrying out the objects of the Club.
(d) To organize and conduct carnivals and social functions for the benefit and assistance of the Club in attainment of the above objects.
(e) To appoint patrols to render all possible aid to those in distress.
(f) To affiliate with the Newcastle Branch of the Surf Lifesaving Association of Australia and such other organizations as may be determined by general meeting.
(g) To enforce observance of the rules, by-laws and regulations of the Club and deal with any infringement of same.
(h) To do all such other things as are incidental or conductive to the attainment of the above objects or any of them
PART 2 – MEMBERSHIP
The membership shall consist of the following classifications as laid down by the Association and detailed in the Clubs by-laws:
(a) Senior Active
(b) Junior Active
(d) Reserve Active
(i) Junior Activity Committee
A person is qualified to be a member of the Club if:
(a) The person is a person referred to in Section 15-(1) – (a) of the Act OR:
(b) The person is a natural person who has been nominated and approved for membership of the Club as provided for in Rule 7 or Rule 8 or Rule 9
(a) A new member shall be nominated and seconded for membership of the Club by two financial members in writing on the appropriate membership form supplied by the Club and the form shall be signed by the applicant and lodged with the Secretary accompanied by the appropriate membership fee.
(b) The nomination of a new member shall be dealt with at the first Management Committee meeting after receipt by the Secretary of the nomination. The management Committee may accept or reject the nomination and no reasons for rejection need be given.
(a) Renewal of membership shall be made on the appropriate membership form supplied by the Club and the form shall be signed by the member and lodged with the Secretary accompanied by the appropriate annual membership fee prior to the Annual General Meeting.
(b) A member who fails to renew membership before the official commencement of the new surfing season as determined from time to time by the Association shall be deemed to be a new member for the purpose of renewing the membership and shall be required to comply with Rule 7
(a) Life membership may be conferred upon a member who has rendered outstanding service to the Club and who has completed a minimum of ten year membership or who has become incapacitated in the course of performing life saving duties with the Club.
(b) Nomination for life membership must be made by the management Committee and submitted to an Annual General Meeting and carried by a majority of two-thirds of those present and eligible to vote at an Annual General Meeting.
(c) Existing life members of Tea Gardens Hawks Nest Surf Life Saving Club will continue to hold life membership with the Club.
(d) Associate Life Membership may be paid for, at a fee set by the Club, and will allow a family (husband and/or wife and any children under sixteen year of age) fully paid membership in any category of active membership as well as associate membership (added at AGM 1st August, 1993)
10. CESSATION OF MEMBERSHIP
A person ceases to be a member of the Club is the person:
(a) Dies, or
(b) Resigns that membership, or
(c) Is expelled from the Club.
11. RESIGNATION OF MEMBERSHIP
A member may resign membership of the Club by giving notice (for such period as the Committee may from time to time determine) in writing to the Secretary and provided that all obligations, fees and amounts due by the member to the Club have been paid.
12. SUSPENSION OF MEMBERSHIP
(a) A member may be suspended from membership of the Club for a specified period in terms of Rule 18.
(b) Any member so dealt with will be automatically denied all privileges of membership during the period of suspension
A member may be expelled from the Club in terms of Rule 18.
Any member dealt with under Rule 12 or 13 may, within several days of being notified thereof, appeal to the Club in General Meeting against a Resolution passed in terms of Rule 18 by lodging with the Secretary a notice to that effect , whereupon the hearing of such appeal will proceed as laid down in Rule 19.
15. REGISTER OF MEMBERS
(a) The Public Officer of the Club shall establish and maintain a register of members of the Club specifying the name and address of each person who is a member of the Club together with the date on which the person became a member, plus details of any Surf Lifesaving awards and qualifications held by the members
(b) The Register of members shall be kept at a location nominated by the Public Officer and shall be open for inspection, free of charge, by any member of the Club at any reasonable hour.
16. FEES AND SUBSCRIPTIONS
(a) Annual membership fees and subscriptions shall be determined from year to year by the Committee and advised to the members in the Notice of Annual General Meeting.
(b) Annual membership fees will be paid in accordance with Rules 7 and 8.
(c) Life Members and Honorary Members will be exempt from payment of annual membership fees.
17. MEMBERS’ LIABILITIES
The liability of a member of the Club to contribute towards the payment of the debts and liabilities of the Club or 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 membership of the Club as required by Rule 16.
18. DISCIPLINING OF MEMBERS
(a) Where the Committee is of the opinion that a member of the Club:
i. Has persistently refused or neglected to comply with a provision or provisions of these rules; or
ii. Has persistently or willfully acted in a manner prejudicial to the interest of the Club
The Committee may, by resolution:
iii. Expel the member from the Club; or
iv. Suspend the member from membership of the Club for a specified period.
(b) Any member dealt with in sub-section (a) above shall be notified in writing by the Secretary as soon as practicable:
i. Setting out the resolution and the grounds on which it is based
ii. Informing the member of a member’s rights of appeal to the Club in terms of Rule 14.
(c) A resolution of the Committee in terms of Clause (a) shall take effect:
i. In the event of the member lodging an appeal against the resolution, only after the resolution has been upheld in General Meeting in accordance with Rule 19.
ii. In the event of the member failing to lodge an appeal, only after the period allowed for lodging an appeal in accordance with Rule 14.
19. RIGHT OF APPEAL OF DISCIPLINED MEMBER
(a) On receipt of a notice of appeal from a member in accordance with Rule 14 the Secretary shall inform the Committee which shall convene a General Meeting of the Club to be held within 21 days after the date on which the Secretary received the notice.
(b) At a General Meeting of the Club convened under Clause (a):
i. No business other than the question of the appeal shall be transacted
ii. The Committee and the member shall be given the opportunity to state their respective cases orally or in writing, or both; and
iii. The members present shall vote by secret ballot on the question of whether the resolution should be confirmed or revoked.
(c) If at the General Meeting the Club passes a special resolution, if is confirmed.
PART (3) – OFFICE BEARERS AND COMMITTEE
20. OFFICE BEARERS
(a) The office bearers of the Club shall be honorary and shall consist of:
Patrons who shall be eminent people in the community or public figures, one of whom shall be the President for the time being of The Great Lakes Council or any other local government organization with which the Great Lakes Council may merge, amalgamate or be succeeded.
Vice-Patrons who shall be elected in recognition of their past and/or continuing support of the Club.
Honorary Medical Officers who practice in the Great Lakes Council and are prepared to act in an honorary capacity on the Club’s behalf.
All Members of the Management Committee
Any other positions which the Club may resolve at Annual General Meeting to create.
(b) The office bearers shall be elected and hold office in terms of Rule 23.
21. POWERS ETC. OF THE COMMITTEE
The committee shall be called the Management Committee of the Club and subject to the Act, the Regulation and these Rules and to any resolution passed by the Club in General Meeting:
(a) Shall control and manage the affairs of the Club
(b) May exercise all such functions as may be exercised by the Club other than those functions that are required by these rules to be exercised by a General Meeting of members of the Club: and
(c) Has power to make such by-laws, perform all such acts and do all such things as appear to the committee to be necessary or desirable for the property management of the affairs of the Club.
(d) 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 any benefit in money or money’s 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 the rate for the time being charged by Bankers in Sydney for money lent to the Club and reasonable and proper rent for premises let to the Club (Added February 1992)
22. COMPOSITION AND MEMBERSHIP OF THE COMMITTEE
(a) Subject in the case of the first members of the Committee to Section 21 of the Act, the Committee shall consist of:
Executive Vice President (2)
Vice Club Captain
Vice Boat Captain
Vice I.R.B. Captain
Chief Gear Steward
First Aid Officer
Board and Ski Supervisor
Junior Activity Committee Delegates (2)
Delegates from the Junior Activity Committee (3)
Such other positions as determined by the Club in general meeting.
(b) Each member of the Committee shall, subject to these rules, hold office until the conclusion of the Annual General Meeting following the date of the member’s election, but is eligible for re-election.
(c) In the event of a casual vacancy occurring in the membership of the committee, the committee may appoint a member of the Club to fill the vacancy and the member shall hold office, subject to these rules, until the conclusion of the Annual General Meeting next following the date of the appointment.
23. ELECTION OF COMMITTEE MEMBER AND OFFICE BEARERS
(a) Nomination of candidates for election as committee members and office bearers of the Club with exception of delegates from the Junior Activity Committee may be:
i. Made in writing, signed by two members of the Club and the nominee, and
ii. Lodged with the Secretary of the Club prior to the opening of the Annual General Meeting, or
iii. Made from the floor of the Annual General Meeting subject to the nominee’s acceptance.
(b) If sufficient nominations are received, any vacant positions remaining on the Committee shall be deemed to be casual vacancies
(c) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be deems to be elected.
(d) If the number of nominations received exceeds the number of vacancies to be filled, a ballot shall be held.
(e) The ballot for the election of committee members and office bearers shall be conducted at the Annual General Meeting in such usual and proper manner as the Committee may direct.
(f) Candidates may be nominated and elected to more than one position on the Management Committee or list of Office Bearers.
24. CASUAL VACANCIES
(a) For the purpose of these rules a casual vacancy occurs in the office bearers or in the committee if the member;
ii. Ceases to be a member of the Club;
iii. Becomes an insolvent under administrations within the meaning of the Companies (New South Wales) Code:
iv. Resigns office by notice in writing given to the Secretary
v. Is removed from office under Rule 25;
vi. Becomes of unsound mind or a person whose person or estate is liable to be dealt with in any way under the law relating to mental health; or
vii. Is absent without the consent of the committee from all meetings of the Committee held during a period of three months.
(b) Casual vacancies occurring in the membership of the Committee shall be filled in terms of Rule 22 (c).
(c) In the event of a casual vacancy occurring, for whatever reason, in the membership of the Office-bearers other than the Committee, the Committee may in its absolute discretion deal with the matter as it sees fit to cover the period until the Annual General Meeting next following the occurrence of the casual vacancy.
25. REMOVAL OF AN OFFICER BEARER OR COMMITTEE MEMBER
(a) The Club in general meeting may by resolution remove any office bearer or member of the committee from office before the expiration of the person’s term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the person so removed.
(b) Where an office bearer or member of the committee to who a proposed resolution referred to in Clause (a) relates makes representation in writing to the Secretary or President (not exceeding a reasonable length) and requests that the representations be notified to the members of the Club, the Secretary or the President may send a copy of the representations to each member of the Club or, if they are not so sent, the member is entitled to require that the representations to read out at the meeting at which the resolution is considered.
26. MEETINGS AND QUORUMS OF THE COMMITTEE
(a) The committee shall meet at least ten times in each period of twelve months at such place and time as the committee may determine.
(b) Additional meeting of the committee may be convened by the President or by any member of the committee for the purpose of transacting specific items of business.
(c) Oral or written notice of a meeting of the committee shall be given by the Secretary to each member of the committee 48 hours (for such other period as may be unanimously agreed upon by the members of the Committee) before the time appointed for the holding of the meeting.
(d) Notice of a meeting called in terms of Clause (b) shall specify the nature of the business to be transacted at the meeting and no business other than business shall be transacted at the meeting, except business which the committee members present at the meeting unanimously agree to treat as urgent business.
(e) Any five members of the committee shall constitute a quorum for the transaction of the business of a meeting of the committee.
(f) No business shall be transacted by the committee unless a quorum is present and if within half and hours of the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to a place, time and date to be determined by the executive committee.
(g) If at the adjourned meeting a quorum is not present within half an hour of time appointed for the meeting, the meeting shall be dissolved.
(h) At a meeting of the committee
i. The President, or in the President’s absence, the Deputy President, shall preside, OR
ii. If the President and Deputy President are absent one of the Vice Presidents as may be chosen by the remaining members present at the meeting, shall preside, OR
iii. If none of the person specified in (i) and (ii) above are present, the remaining members present at the meeting shall elect one of their own number to preside.
27. THE EXECUTIVE COMMITTEE
(a) The Executive Committee shall consist of the President, Deputy President, Executive Vice Presidents, Secretary, Treasurer, Club Captain, IRB Captain and Chief Instructor
(b) Members of the Executive Committee will hold office subject to the same terms and conditions as laid down in these Rules appertaining to the Management Committee.
28. POWERS OF THE EXECUTIVE COMMITTEE
(a) The Executive Committee shall have the power to deal with all urgent matters requiring immediate attention but shall report their action to the next meeting of the Management Committee
(b) Four members of the Executive Committee will constitute a quorum, of which the President, Secretary or Treasurer must be one.
29. SUB COMMITTEES
(a) Sub-Committee consisting of Club members may be appointed as required by the management Committee and shall operate in accordance with the spirit of these Rules.
(b) The President shall be ex-officio a member of all Sub-Committees.
(c) Sub-Committee shall report to the Management Committee through which all power and authority vested in Sub-Committees shall be exercised.
(d) Notwithstanding the terms of Clause(c) above.
i. Any act or thing done or suffered by Sub-committees acting the exercise of their functions has the same force and effect as it would have if it had been done or suffered by the Committee
ii. The Sub-committee designated as the Junior Activity Committee may choose to elect its own office bearers, control its own funds and organize its own affairs provided always that it complies fully with the structure, practices, procedures, standards and rules laid down from time to time by the Association and the rules and by-laws of the Club.
30. VOTING AND DECISIONS
(a) Questions arising at a meeting of the committee or of any Sub-committee appointed by the Committee shall be determined by a majority of the votes of members of the Committee or sub-committee present at the meeting.
(b) Each Committee (AGM 93) member present at a meeting of the committee or of any Sub-committee appointed by the Committee (including the person presiding at the meeting) is entitled to one vote but, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.
(c) Subject to Rules 26 (c) and 28 (b) the committee may act notwithstanding any vacancy on the committee
(d) Any act or thing done or suffered, or purporting to have been done or suffered, by the Committee or by a Sub-committee appointed by the Committee, is valid and effectual notwithstanding any defect that may afterwards be discovered in the appointment or qualification of any member of the Committee or Sub-committee
(a) It will be the duty and responsibility of the Secretary of the Club to:
i. Keep minutes of all proceedings at Committee meeting and General Meetings
ii. Receive all inward correspondence and prepare and dispatch all outward correspondence as necessary.
iii. Send all necessary notices to members of the Club
iv. Maintain all records of the Club as deemed necessary by the Committee
(b) Notwithstanding Clause (a) of this Rule all or any of the Secretary’s duties and responsibilities may be delegated to other members of the Committee as the Committee may determine.
(c) Minutes of proceedings at a meeting shall be signed by the Chairperson of the meeting or by the Chairperson of the next succeeding meeting.
(a) It will be the duty and responsibility of the Treasurer of the Club to ensure that:
i. All money due to the Club is collected and received and that all payments authorized by the Club or its Committee are made
ii. Correct books and accounts are kept showing the financial affairs of the Club including full details of all receipts and expenditure connected with the activities of the Club.
33. PUBLIC OFFICER
(a) The Public Officer of the Club shall hold office in terms of Sections 22, 23, 24 and 25 of the Act and comply with the obligations imposed by the Act.
PART 4 – GENERAL MEETINGS
34. ANNUAL GENERAL MEETING – HOLDING OF
(a) With the exception of the first annual general meeting of the Club the Club shall, at least once in each calendar years and within a period of four months after the end of the official surfing season convene an Annual General Meeting of its members.
(b) The Club shall hold its first Annual General Meeting within a period of two months after the 30th of June immediately following the date of incorporation of the Club notwithstanding that a full year of operation of the Club may not have occurred.
(c) Clauses (a) and (b) have effect subject to any extension or permission granted by the Commission under Section 26 (3) of the Act.
35. ANNUAL GENERAL MEETING – CALLING OF AND BUSINESS AT
(a) The Annual General Meeting of the Club shall, subject to the Act and to Rule 34, be convened on such date and at such place and time as the committee thinks fit.
(b) In addition to any other business which may be transacted at an Annual General Meeting, the business of an Annual General meeting shall be;
i. To confirm the minutes of the last preceding Annual General Meeting and of any special General Meeting held since that meeting
ii. To receive from the Committee reports upon the activities of the Club during the last preceding financial year.
iii. To elect office bearers of the Club and members of the Committee
iv. To receive and consider the statement which is required to be submitted to members pursuant to Sections 26 (6) of the Act
(c) An Annual General Meeting shall be specified as such in the notice convening it.
36. SPECIAL GENERAL MEETINGS – Calling of
(a) The Committee may, whenever if thinks fit, convene a Special General Meeting of the Club
(b) The Committee shall, on the requisition in writing of not less than ten per cent of the total number of members, convene a special general meeting of the Club.
(c) A requisition of members for a Special General Meeting;
i. Shall state the purpose or purposes of the meeting
ii. Shall be signed by the members making the requisition
iii. Shall be lodged with the Secretary
iv. May consist of several documents in a similar form, each signed by one or more of the members making the requisition
(d) If the committee fails to convene a special General Meeting to be held within one month after that date on which a requisition of members for the meeting is lodged with the Secretary, any one or more of the members who made the requisition may convene a special general meeting to be held not later than three months after that date.
(e) A special general meeting convened by a member or members as referred to in Clause (d) above shall be convened as nearly as is practicable in the same manner as general meeting are convened by the committee and a member who thereby incurs expense is entitled to be reimbursed by the Club for any expense so incurred.
37. NOTICE OF GENERAL MEETINGS
(a) Except where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Club, the Secretary shall, at least 14 days before the date fixed for the holding of the General meeting, cause to be sent by pre-paid post to each member at the member’s address appearing in the register of members, a notice specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.
(b) Where the nature of the business proposed to be dealt with at a General meeting requires a special resolution of the Club, the Secretary shall, at least 21 days before the date fixed for the holding of the General Meeting, cause written notice to be sent to each member in the manner provided in Clause (a) , the intention to propose the resolution as a special resolution.
(c) No business other than that specified in the notice convening a General Meeting shall be transacted at the meeting except in the case of an Annual General Meeting, business which may be transacted pursuant to Rule 35 (b).
(d) A member desiring to bring any business before a General Meeting may give notice in writing of that business to the Secretary who shall include that business in the next notice calling a General Meeting given after receipt of the notice from the member.