A copy of this document can be downloaded here: Approved Constitution CHDB Inc 2018 current

 

CAMDEN HAVEN DRAGON BOATS INC. REGISTERED NUMBER- Inc. 9888650 ABN. 734 759 75668

CONSTITUTION  as at Dec 23, 2018

Table of Contents

Part 1  Name……………………………………………………………………………………………………………………………… 4
Part 2      Objects………………………………………………………………………………………………………………………….. 4
2.1            Mission………………………………………………………………………………………………………………………… 4
2.2            Aims……………………………………………………………………………………………………………………………. 4

Part 3   Preliminary……………………………………………………………………………………………………………………… 4
3.1            Meanings in this Constitution……………………………………………………………………………………………. 4
3.2            In this Constitution…………………………………………………………………………………………………………. 5

Part 4        Membership…………………………………………………………………………………………………………………. 6
4.1             Membershipqualifications………………………………………………………………………………………………. 6
4.2            Nomination formembership……………………………………………………………………………………………… 6
4.3            Cessation ofmembership…………………………………………………………………………………………………. 6
4.4            Membershipentitlementsnottransferable…………………………………………………………………………… 7
4.5            Resignation ofmembership………………………………………………………………………………………………. 7
4.6            Lifemembers………………………………………………………………………………………………………………… 7
4.7            Register of members……………………………………………………………………………………………………….. 7
4.8            Fees and subscriptions…………………………………………………………………………………………………….. 8
4.9            Member’s liabilities………………………………………………………………………………………………………… 8
4.10         Resolution of disputes and complaints………………………………………………………………………………… 8
4.11         Right of appeal of disciplined member……………………………………………………………………………….. 10

Part 5   The Committee……………………………………………………………………………………………………………….. 11
5.1            Powers of the committee………………………………………………………………………………………………… 11
5.2            Composition and membership of Committee………………………………………………………………………. 11
5.3            Eligibility and Election of members……………………………………………………………………………………. 12
5.4            Secretary……………………………………………………………………………………………………………………. 12
5.5            Treasurer……………………………………………………………………………………………………………………. 13
5.6            Club Captain………………………………………………………………………………………………………………… 13
5.7            Casual vacancies…………………………………………………………………………………………………………… 13
5.8            Resignation from committee:…………………………………………………………………………………………… 14
5.9            Removal of Members…………………………………………………………………………………………………….. 14
5.10                Committee meetings and quorum………………………………………………………………………………….. 14
5.11                Delegation by committee to sub-committee…………………………………………………………………….. 15
5.12                Voting and decisions…………………………………………………………………………………………………… 15

Part 6        General Meetings…………………………………………………………………………………………………………. 16
6.1     Annual General meetings – holding of……………………………………………………………………………………. 16
6.2     2   Annual general meetings – calling of and business at…………………………………………………………….. 16
6.3    Special general meetings – calling of…………………………………………………………………………………….. 16
6.4    Notice of general meetings…………………………………………………………………………………………………. 17
6.5   Quorum for general meetings………………………………………………………………………………………………. 17
6.6     Presiding member……………………………………………………………………………………………………………. 18
6.7    Adjournment…………………………………………………………………………………………………………………… 18
6.8   Making of decisions…………………………………………………………………………………………………………… 18
6.9    Special resolutions…………………………………………………………………………………………………………….. 18
6.10    Voting………………………………………………………………………………………………………………………….. 18
6.11    Proxy votes not permitted…………………………………………………………………………………………………. 18
6.12    Postal ballots………………………………………………………………………………………………………………….. 19

Part 7   Miscellaneous………………………………………………………………………………………………………………… 19
7.1            Insurance……………………………………………………………………………………………………………………. 19
7.2            Funds-source……………………………………………………………………………………………………………….. 19
7.3            Funds-management………………………………………………………………………………………………………. 19
7.4            Alteration of objects and constitution………………………………………………………………………………… 19
7.5            Custody of books etc……………………………………………………………………………………………………… 19
7.6            Inspection of books etc…………………………………………………………………………………………………… 20
7.7            Service of notices………………………………………………………………………………………………………….. 20
7.8            Financial Year………………………………………………………………………………………………………………. 20
7.9            Surplus Property…………………………………………………………………………………………………………… 20
7.10                Payment of office bearers and members………………………………………………………………………….. 21

Appendix 1 APPLICATION FOR MEMBERSHIP OF CAMDEN HAVEN DRAGON BOATS Inc………………………………. 22
Appendix 2     Management Committee nomination form………………………………………………………………….. 23

PART 1  NAME

The name of the club is CAMDEN HAVEN DRAGON BOATS INC Registered No- Inc. 9888650
ABN. 73475975668

PART 2    OBJECTS

2.1       Mission

The mission of the club is to promote and develop Dragon boating in the Camden Haven area for the  benefit of the members & the community whilst maintaining the established traditions of the sport.

2.2       Aims

(1)            To create a friendly healthy caring environment that encourages participation in dragon boating as a friendly sporting and social team activity.
(2)            To provide opportunities for members striving for excellence and to support and  encourage them in their endeavours.
(3)            To raise funds & promote donations for registered charities or charitable organizations,  from time to time and as a specific need arises.
(4)            To support members recovering from medical & health conditions as a part of normal  club activities, subject to the advice of their medical professionals.
(5)            To apply for and receive grants from Government & Semi Government bodies, and to receive bequests and or donations for the benefit of the members, the community and the development of a healthy environment for the Camden Haven generally.

PART 3  PRELIMINARY

3.1       Meanings in this Constitution

(1)            Act means the Association Incorporation Act 2009
(2)            Annual General Meeting means Annual General Meeting
(3)            Association means Dragon boats NSW Inc.
(4)            Club means the Camden Haven Dragon Boat Inc.
(5)            Committee means the Committee of Management of the Club
(6)            Committee  member  means  a  member  of  the  Committee  and  who  must  be  either  an  ordinary committee member or an office bearer.
(7)            Director  General  means  the  Director  General  of  the  Department  of  Services  Technology  and Administration or that Department’s successors
(8)            General Meeting means an Annual General Meeting or a Special General Meeting of the Club.
(9)            Active member means a financial member of Camden Haven Dragon Boats Inc. and the Association who is 18yrs or over.
(10)        A social member means a non- paddling financial member of Camden Haven Boats Inc.
(11)        An honorary member means an individual approved in accordance with 4.1.5.
(12)        Ordinary Committee Member means a member of the committee who is not an office bearer.
(13)        Ordinary Resolution means a resolution that is passed by at least 5 Committee members if dealt with at a Committee meeting or 50 percent of the votes cast by members, who under this Constitution are entitled to vote on the proposed resolution at a General Meeting.
(14)        Regulation means the Association Incorporation Regulation 2010.
(15)        Secretary means:

a.             The person holding office under these rules as secretary of the club.
b.              If no such person holds that office – the public officer of the club

(16)        Special General Meeting means a General Meeting of the Club other than the Annual General Meeting.
(17)        Special Resolution means a resolution that is passed by at least three quarters of the votes cast by members who, under the constitution, are entitled to vote, and who vote in person at a general meeting of which not less than 21 days written notice specifying the intention to propose the resolution as a special resolution was given in accordance with this constitution.
(18)        Junior member means a member of the Camden Haven Dragon Boat Club Inc. who is under the age of 18 and over the age of 12 years old.
(19)        Life member means an individual appointed as a life member under clause 4.6
(20)        The public officer will be the person holding office under the Constitution as Secretary of the club, or if there is no Secretary the person appointed by the management committee to hold this office
(21)        In writing:- means by letter post, email or any other time/date stamped electronic communication that can be saved as part of the Club records

3.2       In this Constitution

(1)            a reference to a function includes a reference to a power, authority and duty and
(2)            a reference to an exercise of a function includes, if a function is a duty, a reference to the  performance of the duty
(3)            the provisions of the Interpretation Act 1987 apply to and in respect of this Constitution in the same manner as those provisions would so apply,  if this constitution were an instrument under the Act
(4)            the club recognizes the Association as the Authority for Dragon Boat Racing in New South Wales

PART 4      MEMBERSHIP

4.1        Membership qualifications

(1)            A person is eligible to be an active member of the Club if they are a natural person, 18 years or over and eligible for membership of DBNSW.
(2)            A person is eligible to be a junior member of the Club if they are a natural person over the age of 12 and under the age of 18 years, and eligible for junior membership of DBNSW. A junior member does not have any voting rights
(3)            Both active and junior membership is contingent on the applicant joining and paying necessary fees to DBNSW within 7 days of being notified of approval as per clause 4.2 (4) (a)
(4)            In the case of a social member the only requirement is to be a non-paddling member of CHDB Inc. Social members do not have any voting rights.
(5)            The committee may approve the status of honorary membership to a natural person who has rendered valuable service to the Club in a support role. This membership may be  awarded on an annual basis but will not have any voting rights.
(6)            Any person who is a current member of another Club AND a current member of the Association is eligible to participate in Club activities unless they:

·         are suspended from their Club
·         are expelled from their Club
·         have been rejected membership to the Club (i.e.CHDB Inc)

4.2       Nomination for membership

(1)            An application for membership of the Club or inward transfer from another Club:

(a)            may not be proposed by a current member of the Committee
(b)            must be made by in writing in the form set out in Appendix 1  to this constitution, and
(c)            must be lodged with the secretary of the Club together with the relevant fee for membership of CHDB Inc

(2)            As soon as practicable after receiving an application for membership or inward transfer, the Secretary must refer the application to the Committee which is to determine whether to approve or to reject the application.
(3)            As soon as practicable after the Committee makes that determination, the Secretary must notify the applicant in writing that the Committee approved or rejected the application (whichever is applicable).
(4)            If the applicant is accepted, the Membership Officer will assist the applicant to

(a)            finalise their membership with the Association
(b)            pay the fees of the Association and the Club as per Clause 4.8

(5)            On acceptance of the applicant and on confirmation that the required fees have been paid, the Secretary will enter the applicant’s name in the register of members and, on the name being so entered the applicant becomes a member of the Association and the Club

4.3       Cessation of membership

A person ceases to be a member of the Club if the person:

(a)            dies, or
(b)            resigns membership, or
(c)            is expelled from the club, or
(d)            fails to pay the annual membership fee under clause 4.8 within 3 months after the fee is due
(e)            fails to maintain current financial membership of DBNSW
(f)             transfers to another club

4.4       Membership entitlements not transferable

A right, privilege or obligation which a person has by reason of being a member of the Club:

(a)            is not capable of being transferred or transmitted to another person, and
(b)            terminates on cessation of the person’s membership

4.5       Resignation of membership

(1)            A member of the Club is not entitled to resign their membership except in accordance with this clause.
(2)            A member of the Club who has paid all amounts payable by the member to the Club in respect of the member’s membership, may resign from membership of the Club by giving to the secretary written notice of the member’s intention to resign, at which time his/her membership ceases.
(3)            If a member of the Club ceases to be a member under sub clause 4.3 and in every other case where a member ceases to hold membership, the Secretary must make an appropriate entry in the register of members recording the date on which the member ceased to be a member.

4.6       Life members

(1)            Life members which subject to this constitution shall have the right to receive notice of General meeting and to be present at the General meeting.
(2)            The Committee may award the status of Life member to any natural person, who has rendered distinguished service to the club, or dragon boat racing where such service is deemed to have assisted the advancement of the Dragon Boat Club in the Camden Haven.
(3)            A resolution of the Committee to recommend life membership to a person (subject to clause (b) must be a unanimous resolution.
(4)            The resolution to confer life membership must be approved by the members at a General Meeting.
(5)            The person’s details shall be entered upon the register and from the time of the announcement of life membership the person shall be a life member.
(6)            Life members are not required to pay the annual membership fee of the Club
(7)            If a life member wishes to continue paddling and/or participating in regattas, they must be a member of the Association

4.7       Register of members

(1)            The public officer of the association must establish and maintain a register of members of the Club specifying the name and postal or residential address, and preferred contact details of each person who is a member of the Club together with the date on which the person became a member.
(2)            The register of members must be kept in New South Wales:

(a)                at the main premises of the Club, or
(b)                if the club has no premises, at the Club’s official address which is the address of the public officer

(3)            The register of members must be open for inspection, free of charge, by any member of the association at any reasonable hour.
(4)            A member of the club may obtain a copy of any part of the register on payment of a fee of not more than $1 for each page copied.
(5)            If a member requests that any information about them contained on the register (other than their name) not be available for inspection, then that information must not be made available for inspection.
(6)            A member must not use information about a person obtained from the register to contact or send material to the person, other than for:

(a)                the purposes of sending the person a newsletter, a notice in respect of a meeting or  other event relating to the club or other material relating to the Club, or
(b)                any other purpose necessary to comply with a requirement of the Act or the Regulation.

4.8       Fees and subscriptions

(1)            A member of the Club must, on admission to membership, play to the Club a fee of $1 or, if some other amount is determined by the committee, that other amount.
(2)            In addition to any amount payable by the member under sub clause (1), a member of the Club must pay to the Club & Association an annual membership fee of $2 or, of some other amounts that is determined by the Committee, that other amount:

(a)            except as provided by paragraph (b), one month after the fees have been set by the  Association in each calendar year, or
(b)            if the member becomes a member on or after 1 July in any calendar year- on becoming  a member and before 1 July in each succeeding calendar year.

4.9       Member’s liabilities

The liability of a member of the Club to contribute towards the payment of the debts and liabilities of the Association 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 clause  4.8.

4.10  Resolution of disputes and complaints

(1)            A dispute is any situation where there is a disagreement between members and one or other party cannot live with the consequences of the disagreement, and insists on having it resolved
(2)            Disputes between:

(a)            members (in their capacity as members) or
(b)            members (in their capacity as members) and Committee members or
(c)            members (in their capacity as members) and the Committee

…may be referred to the Committee by one or more of the disputants or not less than three members  by written notice setting out particulars of the dispute and the Committee must within 21 days appoint any member to mediate the dispute upon such terms as the mediator may decide.

(3)            At least 7 days before a mediation session is to commence the parties are to exchange  statements of the issues that are in dispute between them and supply copies to the mediator.
(4)            The only persons to be present at the mediation are the parties of the dispute, a support person for each (optional at the choice of the parties) and the mediator
(5)            If the mediation is not successful, then the Committee may refer the matter to a Community  Justice Centre for mediation under the Community Justice Centres Act 1983 (or any successor to that Act).
(6)            If a dispute is not resolved by mediation within 3 months of the referral to a Community  Justice Centre, the dispute is to be referred to arbitration.

Complaint against a member

(1)            A complaint may be made to the Committee by a member of the Club against another member of the Club.
(2)            Complaints can be on the basis that another member has:

(a)            … refused or neglected to comply with a provision or provisions of this constitution, or
(b)            … wilfully acted in a manner prejudicial to the interests of the Club, or
(c)            bullied or harassed another member or members
(d)            not adhered to the DBNSW Code of Conduct and/or “Play by the Rules”

(3)            On receiving such a complaint, the Committee must:

(a)            serve notice of the complaint in writing on the member concerned, and
(b)            give the member at least 14 days from the time the notice is served within which   to make  a submission to the Committee in connection with the complaint, and
(c)              take into consideration any submissions made by the member in connection with the complaint
(d)            allow both complainant and accused member the opportunity to address the Committee in person to provide explanation of their submission or answer questions the Committee may have about the matter
(e)            take into consideration any mitigating factors that may be relevant to the circumstance of the complaint
(f)             if the facts are in doubt, seek corroboration of the facts from persons who witnessed events relevant to the complaint

(4)            After consideration  of  the  submissions  made  by  both  parties  and  any  mitigating  circumstances,  the Committee may

(a)            dismiss the complaint if it considers  it to be trivial or vexatious in nature
(b)            uphold the complaint but find it a “first offence” in which case a warning may be issued to the member
(c)            uphold the complaint and find it a ‘first offence” but serious enough to warrant disciplinary action
(d)            uphold the complaint and find it warrants disciplinary action

(5)            For a complaint to be upheld the Committee must determine:

(a)            the facts of the complaint to be true, and
(b)            the actions of the member to be deliberate

(6)            If a complaint is upheld and warrants disciplinary action, the Committee may, by resolution,

(a)            give written warning to the member that any subsequent upheld complaint may result in suspension or expulsion from the Club
(b)            suspend the member from the Club for any period between one calendar month and 12 calendar months
(c)            expel the member from the Club

(7)            If the committee expels or suspends a member, the secretary must, within 7 days after the action is taken, give written notice to the member of the action taken, of the reasons given by the Committee for having taken that action and the member rights of appeal under clause 4.11.
(8)            The expulsion or suspension does not take effect (subject to Clause 4.11)

(a)            until the expiration of the period within which the member is entitled to lodge appeal but does not go ahead with an appeal, or
(b)            until the day after the General Meeting at which the appeal is considered and rejected by members as per Clause 4.11
(c)            at all if the appeal is considered and upheld by members at the General Meeting as per clause 4.11

4.11       Right of appeal of disciplined member

(1)            A member may appeal against a resolution of the Committee through consideration and vote by members at a General Meeting
(2)            A member may, within 7 days of notice of the resolution by the Committee, lodge with the Secretary notice of intention to appeal against the resolution of the Committee
(3)            The notice must be accompanied by a statement of the grounds on which the member intends to rely for the purposes of the appeal.
(4)            On receipt of a notice from a member under sub clause 4.11, the Secretary must notify the Committee which must convene a General Meeting of the Club to be held within 14 days after the date on which the Secretary received the notice.
(5)            At a General Meeting of the Club convened under sub clause 4.11 (4):

(a)            no business other than the question of the appeal is to be transacted, and
(b)            the Committee and the member must be given the opportunity to state their respective  cases orally or in writing, or both, and
(c)            the members present are to vote by secret ballot on the question of whether the resolution should be confirmed or revoked

(6)            The appeal is to be determined by a simple majority of votes cast by members of the Club.

PART 5  THE COMMITTEE

5.1       Powers of the committee

The Committee is to be called the Committee of Management of the Club and subject to the Act, the  Regulation and this constitution and to any resolution passed by the Club at a General Meeting:

(a)            is to control and manage the affairs of the Club, and
(b)            may exercise all such functions as may be exercised by the Club, other than those  functions that are required by this constitution to the exercised by a General Meeting of  members of the Club, and
(c)            has power to perform all such acts and do all such things as appear to the Committee to  be necessary or desirable for the proper management of the affairs of the Club

5.2       Composition and membership of Committee

(1)            The Committee is to consist of:

(a)            the office-bearers of the Club, and
(b)            one representative elected by the CanSurvive Camden Haven members. This representative does not have to be a CanSurvive member but must be a member of the Club
(c)             Three ordinary Committee members, each of whom is to be elected at the annual General Meeting of the association under clause 5.3.

(2)            The total number of Committee members is to be a maximum of 9.
(3)            The office-bearers of the association are as follows:

(a)            The President
(b)            The Vice-President
(c)            The Treasurer
(d)            The Secretary
(e)            The Club Captain

(4)            A Committee member may hold up to 2 offices (other than both the President and Vice-President offices, or both President and Club Captain) only in the case where an official position is not filled.
(5)            Each member of the Committee is, subject to this constitution, to hold office until the conclusion of the Annual General Meeting following the date of the member’s election, but is eligible for re-election, except that

(a)            the President after 3 continuous years in that position is not eligible for re-election to that  position until after a break of 2 years from that position
(b)            the Club Captain after 3 continuous years in that position is not eligible for re-election to that position until after a break of 2 years from that position

5.3       Eligibility and Election of members

(1)            Eligibility: All financial active members are eligible for election as office bearers of the Club or as ordinary committee members unless;

a)              they have been convicted of an offence involving fraud or dishonesty, or any crime involving violence
b)              have been prohibited from being a director of a company, under part (2) D.6 of the  Corporations Act 2001 of the Commonwealth

(2)            Nominations of candidates for election as office-bearers of the Club or as ordinary committee  members:

(a)            must be made in writing, signed by 2 members of the Club and accompanied by the  written consent of the candidate (which must be endorsed on the form of the nomination), and
(b)            must be delivered to the Secretary of the Club at least 7 days before the date fixed for  the holding of the Annual General Meeting at which the election is to take place

(3)            Nominations for the position of CanSurvive representative and election to that position shall be conducted by CanSurvive in whatever manner the majority of CanSurvive members agree.
(4)            If the number of nominations received is equal to the number of vacancies to be filled, the   persons nominated are taken to be elected.
(5)            If no nomination is received to fill a specific vacancy on the Committee,  nominations are to be received at the Annual General Meeting
(6)            If no further nominations are received at the Annual General Meeting, any vacant positions remaining on the Committee are taken to be casual vacancies.
(7)            If the number of nominations received exceeds the number of vacancies to be filled, a secret  ballot is to be held.
(8)            Election of office-bearers and ordinary committee members of the Committee is to be conducted at the Annual General Meeting by secret ballot.

5.4       Secretary

(1)            The Secretary of the club must, as soon as practicable after being appointed as Secretary, lodge  notice with the Club of his or her address.
(2)            It is the duty of the Secretary to keep minutes of:

(a)        all appointments of office-bearers and members of the Committee, and
(b)        the names of members of the Committee present at a Committee meeting or a General Meeting, and
(c)        all proceedings at Committee meetings and General Meetings
(d)        Maintain a record of correspondence in and out of the Club that has direct bearing on the administration of the Club

(3)            Minutes of proceedings at a meeting must be signed by the chairperson of the  meeting or by   the chairperson of the next succeeding meeting.

5.5       Treasurer

It is the duty of the Treasurer of the Club to ensure:

(a)            that all money due to the Club and the association are to collected and received and that all payments authorized by the Club are made, and
(b)            that 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
(c)            that if required by the Act, present the books and accounts to the club auditor in sufficient time to allow an audited financial statement to be presented at the annual general meeting

5.6       Club Captain

It is the duty of the Club Captain to

(a)            act as a mentor to new Club members assisting them to integrate with the team and club
(b)            be the principal point of community liaison to promote the aims and objectives of the Club through the press and during community events and any other appropriate opportunity
(c)            liaise with coaches regarding communicating regatta information to member (Note: Coaches remain responsible for team selection and crew composition)
(d)            regularly report in person or in writing to the Committee regarding any matters pertaining to their role
(e)            together  with  the  Club  MPIO  and  Committee  members,  be  one  of  the  main  conduits  of information and views between the members and the Committee
(f)             communicate with club members via the Secretary

5.7       Casual vacancies

(1)            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 so appointed is to hold office, subject to this constitution, until the conclusion of the Annual General Meeting next following the date of the appointment.
(2)            A casual vacancy in the office of a member of the Committee occurs if the member:

(a)            dies, or
(b)            ceases to be a member of the Association, or
(c)            becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth, or
(d)            resigns office by notice in writing given to the Secretary, or
(e)            is removed from office under clause 5.9, or
(f)             becomes a mentally incapacitated person, or
(g)            is absent without the consent of the Committee from 3 consecutive meetings of the Committee, or
(h)            is convicted of fraud or dishonesty, or any violent crime, or
(i)              is prohibited from being a director of a company under part 2(D).6 of the Corporations Act 2001 of the Commonwealth

5.8       Resignation from committee:

(1)            A Committee member who has possession of any documents that belong to the Club must give these documents to the public officer within 14 days after he or she ceases to be a member of the Committee.
(2)            The public officer must return any documents that belong to the Club, to the President within 14 days after he or she ceases to be the public officer.

5.9       Removal of Members

(1)            The Club at a General Meeting may by resolution remove any member of the Committee from the office of member before the expiration of the member’s term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the member so removed.
(2)            If a member of the Committee to whom a proposed resolution referred to in Clause 5.9 (1) relates, makes representations in writing (not exceeding a reasonable length) to the Secretary or President 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 the representations are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered.

5.10  Committee meetings and quorum

(1)            The committee must meet at least 6 times in each period of 12 months at such place and time as the Committee may determine.
(2)            Additional meetings of the Committee may be convened by the President or by any member of the Committee
(3)            Written notice of a meeting of the Committee must be given by the Secretary to each member of the Committee at least 48 hours (or such other period as may be unanimously agreed on by the members of the Committee) before the time appointed for the holding of the meeting.
(4)            Notice of a meeting given under 5.10 (3) must specify the general nature of the business to be transacted at the meeting and no business other than that business is to be transacted at the meeting, except business which the Committee members present at the meeting unanimously agree to treat as urgent business.
(5)            Any 5 members of the Committee constitute a quorum for the transaction of the business of a meeting of the committee.
(6)            Attendance at a Committee meeting may be in person, by teleconference or by other digital conferencing medium such as Skype.
(7)            Any resolutions considered by the Committee must be passed by a minimum of five Committee members.
(8)            No business is to be transacted by the Committee unless a quorum is present and if, within half an hour of the time appointed for the meeting, a quorum is not present, the meeting is to stand adjourned to the same place at the same hour of the same day in the following week.
(9)            If at the adjourned meeting a quorum is not present within half an hour of the time appointed  for the meeting, the meeting is to be dissolved.
(10)        At a meeting of the Committee:

(a)            the President or, in the President’s absence, the Vice-President is to preside, or
(b)            if the President and the Vice-President are absent or unwilling to act, one of the  remaining members of the Committee as may be chosen by the members present at the meeting is to preside

(11)        Out of Meeting Determinations:

Where between scheduled Management Committee Meetings:-

(a)            each member of the Management Committee has been served in writing with a copy of a motion  for a proposed resolution to be submitted at the next Committee meeting; and
(b)            the resolution has been approved in writing by a majority of members of the Committee then the resolution will be as valid as if it has been passed at a duly convened meeting of the Management Committee even though the meeting was not held

5.11  Delegation by committee to sub-committee

(1)            The Committee may, by instrument in writing, delegate to one or more sub-committees (consisting of such member or members of the Club as the Committee thinks fit) the exercise of such of the functions of the Committee as are specified in the instrument, other than:

(a)            this power of delegation, and
(b)            a function which is a duty imposed on the Committee by the Act or by any other law

(2)            A function the exercise of which has been delegated to a sub-committee under this clause may, while the delegation remains unrevoked, be exercised from time to time by the sub-committee in accordance with the terms of the delegation.
(3)            A delegation under this clause may be made subject to such conditions or limitations as to the exercise of any function, or as to time or circumstances, as may be specified in the instrument of  delegation.
(4)            Despite any delegation under this clause, the Committee may continue to exercise any function  delegated.
(5)            Any act or thing done or suffered by a sub-committee acting in the exercise of a delegation under this clause has the same force and effect as it would have if it had been done or suffered by  the Committee.
(6)            The committee may, by instrument in writing, revoke wholly or in part any delegation under this  clause.
(7)            A sub-committee may meet and adjourn as it thinks proper.

5.12  Voting and decisions

(1)            Questions arising at a meeting of any sub-committee appointed by the  Committee are to be determined by a majority of the votes of members of the sub-committee present at the meeting.
(2)            Each 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. In the event of an equality of votes on any question, the Committee or sub-committee must enter into further discussion before taking another vote. If the subsequent vote remains equal, the matter is not passed.
(3)            Subject to clause 5.11 (5), the Committee may act despite any vacancy on the committee.
(4)            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 despite any defect that may afterwards be discovered in the appointment or qualification of any member of the  Committee or sub-committee.

PART 6      GENERAL MEETINGS

6.1  Annual General meetings – holding of

(1)            The Club must hold its first Annual General Meeting within 18 months after its registration under  the Act.
(2)            The Club must hold its Annual General Meetings:

(a)            within 3 months after the close of the Club’s financial year, or
(b)            within such later time as may be allowed by the Director-General or prescribed by the  Regulation.

6.2       Annual general meetings – calling of and business at

(1)            The Annual General Meeting of the club is, subject to the Act, to be convened on such date and at such place and time as the Committee thinks fit.
(2)            In addition to any other business which may be transacted at an Annual General Meeting, the  business of an Annual General Meeting is to include the following.

(a)            To confirm the minutes of the last preceding Annual General Meeting and of any special general meeting held since that meeting.
(b)            To receive from the Committee reports on the activities of the Club during the preceding financial year
(c)            To  elect  office-bearers  of  the  Club  and  ordinary  Committee  members,  and  ratify  the  elected representative of CanSurvive
(d)            To receive and consider any financial statement or report required to be submitted to  members under the Act.
(e)            To appoint the auditor for the next financial year.

(3)            An Annual General Meeting must be specified as such in the notice convening it.

6.3     Special general meetings – calling of

(1)            General meetings of Club members shall be held at least four times per year
(2)            The Committee may, whenever it thinks fit, convene a special general meeting of the Club.
(3)            The Committee must, on the requisition in writing of at least 10 per cent of the total number of members or a minimum of 10 members whichever is the lesser, convene a special general meeting  of the Club.
(4)            A requisition of members for a special general meeting:

(a)            must state the purpose or purposes of the meeting, and
(b)            must be signed by the members making the requisition, and
(c)            must be lodged with the Secretary, and
(d)            may consist of several documents in a similar form, each signed by one or more of the  members making the requisition

(5)            If the Committee fails to convene a special general meeting to be held within 1 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 3 months after that date.
(6)            A special general meeting convened by a member or members as referred to in Clause 6.4.4 must be convened as  nearly as is practicable in the same manner as general meetings are convened by the committee.

6.4    Notice of general meetings

(1)            Except if the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Club, the Secretary must, at least 14 days before the date fixed for the holding of the general meeting, give a notice to each member specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.
(2)            If the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the club, the Secretary must, at least 21 days before the date fixed for the holding of the general meeting, give notice to each member specifying, in addition to the matter required under Clause 6.5.1, the intention to propose the resolution as a special resolution.
(3)            No business other than that specified in the notice convening a general meeting is to be transacted at the meeting except, in the case of an Annual General Meeting, business which may be transacted under clause 6.2.
(4)            A member desiring to bring any business before a general meeting may give notice in writing of that business to the Secretary who must include that business in the next notice calling a general meeting given after receipt of the notice from the member, such notice must be received at least 7 days prior to the meeting.

6.5     Quorum for general meetings

(1)            No item of business is to be transacted at a general meeting unless a quorum of members entitled under this constitution to vote is present during the time the meeting is considering that  item.
(2)            20% of active members present in person constitute a quorum for the transaction of the business of a general meeting.
(3)            If within half an hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting:

(a)            if convened on the requisition of members, is to be dissolved, and
(b)            in any other case, is to stand adjourned to the same day in the following week at the same time and (unless another place is specified at the time of the adjournment by the person presiding at the meeting or communicated by written notice to members given before the day to which the meeting is adjourned) at the same place.

(4)            If at the adjourned meeting a quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members present (being at least 10) are to  constitute a quorum.

6.6       Presiding member

(1)            The president or, in the President’s absence, the Vice-President, is to preside as chairperson at each general meeting of the Club.
(2)            If the President and the Vice-President are absent or unwilling to act, the members present must elect one of their numbers to preside as chairperson at the meeting.

6.7    Adjournment

(1)            The chairperson of a general meeting at which a quorum is present may, with the consent of the majority of members present at the meeting, adjourn the meeting from time to time and place to place, but no business is to be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
(2)            If a general meeting is adjourned for 14 days or more, the secretary must give written or oral notice of the adjourned meeting to each member of the club stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.
(3)            Except as provided in Clauses 6.7 (1) and 6.7 (2) notice of an adjournment of a general meeting or of the business to be transacted at an adjourned meeting is not required to be given.

6.8       Making of decisions

A question arising at a general meeting of the club is to be determined on a show of hands or written ballot and a declaration by the chairperson that a resolution has been carried or carried unanimously or carried by a particular majority or lost. An entry to that effect in the minute book of the club is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution.

6.9       Special resolutions

A special resolution may only be passed by the Club in accordance with section 39 (appendix 3) of the Act.

6.10  Voting

(1)            On any question arising at a general meeting of the Club each active member has one vote only.
(2)            All votes must be given personally.
(3)            In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote.
(4)            A member is not entitled to vote at any general meeting of the Club unless all money due and payable by the member to the Association has been paid.
(5)            A member is not entitled to vote at any general meeting of the Club if the member is under 18  years of age.

6.11  Proxy votes not permitted

Proxy voting must not be undertaken at or in respect of any meeting.

6.12  Postal ballots

(1)            The Club may hold a postal ballot to determine any issue or proposal (other than an appeal under clause 4.12).
(2)            A postal ballot is to be conducted in accordance with Schedule 3 to the Regulation.

PART 7  MISCELLANEOUS

7.1       Insurance

The Club may effect and maintain insurance including but not limited to public liability, property insurance, professional liability and officer liability.

7.2       Funds-source

(1)            The funds of the Club are to be derived from fees and annual subscriptions of members, donations and, subject to any resolution passed by the Club in general meeting, such other sources as the Committee determines.
(2)            All money received by the Club must be deposited as soon as practicable and without deduction to the credit of the Club’s bank account.
(3)            The Club must, as soon as practicable after receiving any money, issue an appropriate receipt.
(4)            Funds excess to working funds are to be lodged in the appropriate interest earning bank deposits.

7.3       Funds-management

(1)            Subject to any resolution passed by the Club in general meeting, funds of the Club are to be used in pursuance of the objects of the Club in such manner as the Committee determines
(2)            The Committee is required to seek members’ approval at a General Meeting for any purchase over $2,000.00 (two thousand dollars). That value to be reviewed at each AGM.
(3)            The Committee is required to seek members’ approval at a General Meeting for the sale of any club asset that originally cost more than $1,000.00 (one thousand dollars). That value to be reviewed at each AGM.
(4)            All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments and fund withdrawals must be signed by any two (2) of the Committee of the Club being members authorized to do so by the Committee.

7.4       Alteration of objects and constitution

(1)            The statement of objects and this constitution may be altered, rescinded or added to only by a special resolution of the Club.
(2)            The public officer or a Committee member must notify the Director-General in writing of any such alteration, rescission or addition.
(3)            The public officer must notify the members in writing (within 32 days) of any alteration.

7.5       Custody of books etc.

Except as otherwise provided by this constitution, the public officer must keep in his or her custody or under his or her control, all records, books and other documents relating to the Club.

7.6       Inspection of books etc.

(1)            The following documents must be open to inspection, free of charge, by a member of the Club at any reasonable hour:

(a)            records, books and other financial documents of the Club
(b)            this constitution,
(c)            minutes of all Committee meetings and general meetings of the Club

(2)            A member of the Club may obtain a copy of any of the documents referred to in sub clause (1) on payment of a fee of not more than $1 for each page copied.
(3)            The Committee may limit or prohibit access to any document that contains private or confidential information including, but not limited to, Committee minutes, legal advice and other correspondence to the Committee.

7.7       Service of notices

(1)            For the purpose of this constitution, a notice may be served on or given to a person:

(a)            by delivering it to the person personally, or
(b)            by sending it by pre-paid post to the address of the person, or
(c)            by sending it by facsimile transmission, email or some other form of electronic transmission to an address specified by the person for giving or serving the notice

(2)            For the purpose of this constitution, a notice is taken, unless the contrary is proved, to have been given or served:

(a)            in the case of a notice given or served personally, on the date on which it is received by   the addressee, and
(b)            in the case of a notice sent by pre-paid post, on the date when it would have been  delivered in the ordinary course of post, and
(c)            in the case of a notice sent by facsimile transmission or some other form of electronic transmission, on the date it was sent or, if the machine from which the transmission was sent produces a report indicating that the notice was sent on a later date, on that date

7.8       Financial Year

The financial year of the Club is:

(a)            the period of time commencing on the date of incorporation of the Club and ending on the following 30 June, and
(b)            each period of 12 months after the expiration of the previous financial year of the Club, commencing on 1 July and ending on the following 30 June

7.9       Surplus Property

(1)            At any general meeting the Club may pass a special resolution nominating an organization in which it is to vest its surplus property in accordance with clause 65 of the Act, in the  event of winding up or cancellation of the Club.
(2)            In the event of the Club being dissolved, the amount  which remains after such dissolution and the satisfaction of all debts and liabilities shall be transferred to and organization which has similar objects.
(3)            The organisation nominated shall be one which fills the requirements specified in clause 65 of the Act.

7.10  Payment of office bearers and members

(1)            Members of the Committee are not entitled to any remuneration for the performance of their functions.
(2)            Committee members will not be appointed to any salaried office of the Club or any office of the Club paid by fees
(3)            No remuneration or other benefit in money or money’s worth will be given by the Club to any member of the Committee other than reimbursement for reasonable out of pocket expenses incurred by them in the performance of their functions.

APPENDIX 1 APPLICATION FOR MEMBERSHIP OF CAMDEN HAVENDRAGON BOATS INC
Incorporated (incorporated under the Associations Incorporation Act 2009)

I, ……………………………………………………………………………………………………………

insert full name

 

 

of.……………………………………………………………………………………………………………………

insert residential address

 

 

………………………………………..…………………………………………………………………………………

Insert email address

…herebyapply to become a member of Camden Haven Dragon Boats Inc. In the event of my admission as a member, I agree  to be bound by the constitution of the Club for the time being in force.

 

 

 

 

…………………………………………………………………….

Signature  of  applicant

/            / 20

 

 

 

 

 

I, ……………………………………………………………………………………………………………

insert full name

 

 

a member of the Club, nominate the applicant, who is personally known to me, for membership of the Club.

 

 

…………………………………………………………………….

Signature  of  proposer

/            / 20

APPENDIX 2     MANAGEMENT COMMITTEE NOMINATION FORM

CAMDEN HAVEN DRAGON BOATS Inc
Election to be held at

……….……………………………………………………………………………………………

Insert full details of location of meeting (address, room number, etc)

 

On              /           / 20

at ……………… am/pm

 

 

I hereby nominate…………………………………………………………………………………….

Print name of active member eligible to hold Committee position

 

 

as ……………………………………………………………………………….…….

Insert position title

of the Management Committee of Camden Haven Dragon Boats Inc.

 

 

Nominated by ……………………………………………………………………………

Print name of active member making this nomination

 

…………………………………………….                 /

/ 20

 

Signature of active member making this nomination

Seconded by ……………………………………………………………………………

Print name of active member seconding this nomination

 

…………………………………………….                 /

/ 20

Signature of active member seconding this nomination

 

Accepted by ……………………………………………………………………………

Print name of active member accepting this nomination

 

…………………………………………….                 /

/ 20

Signature of active member making this nomination

Received by ………………………………………             …………………………………………….

Insert name and signature of Club Secretary