RULES FOR PAYNESVILLE BRIDGE CLUB INCORPORATED
The name of the incorporated association is Paynesville Bridge Club Incorporated. It is referred to in these rules as the Club.
In these rules, unless the contrary intention appears
Committee means the Committee of Management of the Club
Financial Year means the year ending on December 31st.
General Meeting means a general meeting of members convened in accordance with Rule 10.
Ordinary Member means a member of the Club.
The Act means the Associations Incorporation Act 1981.
Regulations means regulations under the Act.
In these rules, a reference to the Secretary of the Club is a reference
(a) where a person holds office under these Rules as Secretary of the Club, to that person, and
(b) in any case, to the Public Officer of the Club.
Words or expressions contained in these Rules shall be interpreted in accordance with the provisions of the Acts Interpretations Act 1958 and the Act as in force from time to time.
3. APPLICATION FOR MEMBERSHIP
Applications for membership may be made orally or in writing to the Secretary.
Any person whose application for membership has been accepted by the Committee and whose name and address have been entered in the Register of Members by a Committee member becomes a member of the Club.
4. ENTRANCE FEE AND ANNUAL SUBSCRIPTION
Entrance Fees Members shall pay an entrance fee if and as determined by the Committee.
Subscriptions Annual subscriptions of an amount determined by the Committee shall be paid by the first day of January in each year or on such other date as may be decided by the Committee.
5. REGISTER OF MEMBERS
The Public Officer shall keep and maintain a register of members in which shall be entered the full name, address and date of entry of the name of each member and the register shall be available for inspection by members at the address of the Public Officer.
Members may resign from the Club by written or verbal notice, or by non-payment of membership fees within 2 months of the date set under the provisions of Rule 4.2.
The secretary shall make in the Register of Members an entry recording the date on which any member ceased to be a member.
7. EXPULSION AND APPEAL PROCEDURES
Expulsion The Committee may suspend or cancel the membership of any member of the club
(a) who commits any breach of a rule or by-law of the Club, or
(b) who, in the opinion of the Committee, acts in a manner which is contrary to the interests of the Club, or
(c) no longer complies with the membership requirements of the Club
The member shall be informed of the allegation and invited to present a verbal or written explanation to the Committee meeting at which the matter is to be considered.
(a) Any member of the Club who feels aggrieved by any decision of the Committee under Rule 7.1 may, by notice in writing given to the Secretary within one calendar month from the date thereof, appeal against such decision to a General Meeting.
(b) Such notice shall state the grounds of appeal, and the Secretary shall immediately refer the notice to the Committee, which will then call a General Meeting for the purpose of considering the appeal, such General Meeting to be held not later than two months from the delivery of such notice to the Secretary.
(c) On the hearing of any such appeal the member who feels aggrieved shall be afforded a full opportunity to be heard.
(d) Until the hearing of any such appeal the decision of the Committee shall have full force and effect.
(e) The decision of the General Meeting shall be final.
8. DISPUTES AND MEDIATION
The grievance procedure set out in this rule applies to disputes under these Rules between
(a) a member and another member, or
(b) a member and the Association.
The parties to the dispute must meet and discuss the matter in dispute, and if possible, resolve the dispute within 14 days after the dispute comes to the attention of all the parties.
If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days, hold a meeting in the presence of a mediator.
The mediator must be
(a) a person chosen by agreement between the parties, or
(b) in the absence of agreement
(1) in the case of a dispute between a member and another member, a person appointed by the Committee of the Association, or
(2) in the case of a dispute between a member and the Association, a person who is a mediator appointed or employed by the Dispute Settlement Centre of Victoria (Department of Justice).
A member of the Association can be a mediator.
The mediator cannot be a member who is party to the dispute.
The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
The mediator, in conducting the mediation, must
(a) give the parties to the mediation process every opportunity to be heard and
(b) allow due consideration by all parties of any written statement submitted by any party, and
(c) ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.
The mediator must not determine the dispute.
8.10 If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.
9. ANNUAL GENERAL MEETING
The Club shall, in each calendar year, convene an Annual General Meeting of its members.
The Annual General Meeting shall be held at a time and date determined by the Committee.
The Annual General Meeting shall be specified as such in the notice convening it and shall comply with clause 10.2 Notice of Meeting.
The ordinary business of the meeting shall be to
(a) confirm the minutes of the last preceding Annual General Meeting and of any general meeting held since that meeting.
(b) receive from the Committee, reports on the transactions of the Club during the last preceding financial year.
(c) elect office bearers of the Club, and
(d) receive and consider the statement submitted by the Club in accordance with Section 30 (3) of the Act.
The Annual General Meeting may transact special business of which notice is given in accordance with these Rules.
The Annual General Meeting shall be in addition to any other general meetings that may be held in the same year.
10. GENERAL MEETINGS
10.1 A General Meeting of all members may be called
(a) by resolution of the Committee
(b) at the request of the President of Club
(c) after the written request of not less than five members of the Club has been delivered to a member of the Committee.
A General Meeting convened according to this sub-clause shall be held no earlier that fourteen days or later than one calendar month after the request or resolution is made. In the case of clause 10.1 (c) the members may convene the General Meeting if a meeting has not been held within the required time.
10.2 Notice of Meeting - The Secretary of the Club shall give at least fourteen days before the date fixed for holding a General Meeting of the Club.
10.3 Omission of Notice The accidental omission to give notice to, or the non-receipt of a notice by, any member, shall not invalidate any proceedings or resolutions at any meeting of the Club or Committee thereof.
10.4 Chairperson of Meetings The President of the Club shall preside at all General Meetings. In his/her absence or if he/she is unwilling to chair the meeting, a chairperson may be appointed for that meeting.
10.5 Adjournment Members present at a meeting may agree to adjourn any meeting but no business shall be transacted at any adjourned meeting other than business left unfinished at the meeting from which the adjournment took place.
10.6 Voting Each member present at a meeting is entitled to one vote. Resolutions other than special resolutions shall be carried by a majority of members present and voting. In the case of equality of votes, the Chairperson shall have a second or casting vote.
10.7 Division At any meeting a declaration by the Chairperson that a resolution has been carried or not shall be sufficient evidence of the voting intentions of members unless three members call for a poll. Where a poll is taken the number of votes in favour of or against the resolution shall be recorded.
10.8 Proxy Voting There shall be no proxy voting except on matters involving the dissolution of the Club.
The instrument appointing a proxy vote shall be in the following form or in a common or usual form.
Paynesville Bridge Club Incorporated
being a member of PAYNESVILLE BRIDGE CLUB INFORPORATED hereby
as my proxy to vote for me on my behalf at the ANNUAL/GENERAL *MEETING
(*delete inappropriate word) of the Club to be held on the
. and at any adjournment thereof.
** My proxy is hereby authorised to vote as he/she thinks fit
** My proxy is hereby authorised to vote in favour of/against (delete inappropriate words) the following resolutions:
** delete inappropriate paragraph
10.9 Quorum at a General Meeting At all General Meetings ten members present in person shall constitute a quorum. If within thirty minutes of the time appointed for the meeting a quorum is not present, the meeting, if convened by the request of members shall be dissolved. If not so convened, it shall stand adjourned to the same day in the next week at the same time and place and at such adjourned meeting those present shall form a quorum for all purposes.
10.10 Minutes Minutes of the proceedings of every General Meeting shall be entered into a minute book which shall be available at the Clubs official address for inspection by members.
11. MANAGEMENT OF THE CLUB
11.1 The affairs of the Club shall be managed by a Committee which shall be constituted as provided in Rules 11.3 and 11.4.
11.2 The Committee
(a) shall control and manage the business and affairs of the Club
(b) may, subject to these Rules, the Regulations and the Act, exercise all such powers and functions as may be exercised by the Club other than those powers and functions that are required by these Rules to be exercised by General Meetings of members of the Club, and
(c) subject to these Rules, the Regulations and the Act, has power to perform all such acts and things as appear to the Committee to be essential for the proper management of the business and affairs of the Club.
11.3 The COMMITTEE shall consist of the elected office bearers of the Club.
11.4 OFFICE BEARERS shall be elected by the members at the Annual General Meeting and shall hold office until the election of office bearers at the next Annual General Meeting. The positions of office bearers will include
(b) Vice President
(e) and such other positions as the members decide upon.
12. ELECTION OF OFFICE BEARERS AND VACANCIES
12.1 Nominations of candidates for election as officers of the Club shall be made at or before the Annual General Meeting.
12.2 If only one nomination is received for a particular vacancy, the candidate nominated shall be deemed to be elected.
12.3 The ballot for the election of officers shall be conducted at the Annual General Meeting in such usual and proper manner as the Committee may direct.
12.4 A nomination of a candidate for election under this clause is not valid if that candidate has been elected to another office at the same election.
12.5 For the purpose of these Rules, the office of an officer of the Club becomes vacant if the officer or member
(a) ceases to be a member of the Club, or
(b) resigns his/her office by verbal or written notice to the Secretary or Chairperson, or
(c) is removed from office under Rule 16.
12.6 When an office becomes vacant under Rule 12.5 the Committee shall, at the next General Meeting of the Club, call for nominations to fill that position, and the members shall then elect one of the nominees. The person so elected shall hold office until the election of office bearers at the next Annual General Meeting.
13. PROCEEDINGS OF THE COMMITTEE
13.1 The Committee shall meet at least three times in each year at such time and place as the Committee may determine.
13.2 A quorum shall be three Committee members.
13.3 At every meeting of Committee, the President, or in his/her absence, the Vice President, shall preside. In the absence of the President and the Vice President, the members of the Committee shall choose one of their number to be Chairperson at the meeting.
13.4 Questions arising at any meeting shall be decided by a majority of votes and in the case of an equality of votes, the Chairperson shall have a second or casting vote.
13.5 The President or any two Committee members may at any time summon a meeting of the Committee.
13.6 Verbal or written notice of each Committee meeting shall be served on each member of the Committee at a reasonable time before the date of the meeting.
13.7 Proxy Voting There shall be no proxy voting.
The Secretary shall supervise the keeping of minutes of the resolutions and proceedings of each General Meeting and each Committee Meeting in books provided for that purpose, together with a record of names of persons present at such meetings, and shall deal with all correspondence involving the Club.
15.1 The Treasurer shall
(a) supervise the collection and receipt of all monies due to the Club and make all payments authorised by the Club, and
(b) keep correct accounts and books showing the financial affairs of the Club with full details of all receipts and expenditure connected with the activities of the Club.
15.2 The accounts and books referred to in sub-clause 15.1 shall be available for inspection by members.
16. REMOVAL OF A MEMBER OF COMMITTEE
16.1 The Club, in a General Meeting, may by resolution, remove any member of Committee before expiration of his/her term of office.
16.2 The member whose removal is to be considered may require the Secretary or President to send a copy of reasons for his/her removal to each member of the Club, or, if they are not sent, the member may require that they be read out at the meeting. The member shall then have the right of reply.
The Committee shall have the power to appoint sub-committees to investigate and report to Committee on matters of concern to the Club. A sub-committee so appointed may, with the permission of Committee, co-opt persons not members of the Club who possess expertise valuable to the sub-committee in its investigations.
All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by two members of the Committee, preferably by the Treasurer and one other Committee member.
19.1 The Common Seal of the Club shall be kept in the custody of the Secretary.
19.2 The Common Seal shall not be affixed to any instrument except by the authority of the Committee and the affixing of the Common Seal shall be attested by the signatures of the President or Vice President and one other member of Committee.
20. ALTERATION OF RULES AND STATEMENT OF PURPOSES
No Rule of the Club or Statement of Purposes shall be repealed or amended and no rule shall be made except by a special resolution. Twenty-one days notice of proposed change must be given and the resolution must be passed by three-quarters of those present at a General Meeting of the members.
21. WINDING UP
In the event of the winding up or cancellation of the Incorporation of the Association, the assets and funds of the Association shall be distributed to such registered charitable organizations and institutions as the Committee shall decide.
22. CUSTODY OF RECORDS
Except as otherwise provided in these Rules, the Secretary shall keep in his/her control all books, documents and securities of the Club. All such books, documents and securities shall be available for inspection by members of the Club upon reasonable notice to the Secretary.
The funds of the Club shall be derived from entrance fees, annual subscriptions, donations and such other sources as the Committee determines.
ASSOCIATIONS INCORPORATION ACT 1981
STATEMENT OF PURPOSES
1. The name of the proposed incorporated association is
PAYNESVILLE BRIDGE CLUB INCORPORATED
2. The purposes for which the proposed incorporated association is established are -
(a) to promote the game of Contract Duplicate Bridge
(b) to organise bridge activities within the Paynesville District
(c) to provide and maintain such facilities and amenities as are thought necessary or desirable from time to time to enable the members of the Club to play bridge together and for associated social functions
(d) solely for the purpose of furthering the purposes set out above, the Club shall have the power
i. to invest and deal with monies of the Incorporated Association not immediately required in such manner as is from time to time thought fit
ii. to do all such other things as are incidental or conducive to the attainment of the purposes and the exercise of the powers of the Incorporated Association.