MIAMI BEACH SURF LIFESAVING CLUB INC.
FOUNDED 1947-AFFILIATED WITH THE SURF LIFESAVING ASSOCIATION ~AUSTRALIA
TELEPHONES:
Office : (07) 5572 0353
Club: (07) 55728219
FAX: (07) 5572 0353
SLSC
MIAMI BEACH
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PART ONE THE CONSTITUTION
PART 2 THE BY-LAWS
PART 3 SUPPORTERS CLUB CONSTITUTION
MIAMI BEACH SLSC
PART 1
THE CONSTITUTION
SECTION A NAME CONTROL ,OBJECTS ,BADGES
1. NAME, INTERPRETATION, AND DEFINITION
2. CONTROL
3. OBJECTS AND POWERS
4. BADGES AND COLOURS
5. THE COMMON SEAL
SECTION B COMPOSITION, MEMBERSHIP AFFILIATION, MANAGEMENT.
1 COMPOSITION/ MEMBERSHIP
2 RESTRICTION
3 CATEGORIES OF MEMBERSHIP
4 DUAL MEMBERSHIP
5 ADMISSION AND REJECTION OF MEMBERSHIP
6 TERMINATION OF MEMBERSHIP
7 APPEAL AGAINST REJECTION OR TERMINATION OF MEMBERSHIP
8 DISCIPLINARY MEASURES
9 AFFILIATIONS
10 MANAGEMENT
SECTION C ELECTION OF OFFICERS AND LIFE MEMBERS
1. ELECTION OF OFFICERS
SECTION D PROPERTY, FINANCE, BUDGET AND STAFF
1. PROPERTY
2. FINANCE
3. BUDGET
4. STAFF
SECTION E REQUIREMENTS AND PROCEDURES
1. BRANCH REPRESENTATION
2. MEETINGS
3. VOTING
4. CHAIRPERSON
5. QUORUM
6. NOTICEOF MOTION
7. MOTIONS TO RESCIND
8. ALTERATIONS TO THE CONSTITUTION
9. MEMBERSHIP FEES
10. DOMESTIC RULES AND STANDING ORDERS
12. LEGALACTION
13. TROPHIES, PRIZES AND ELIGIBILITY
14. UNIQUE ITEMS
15. DISSOLUTION
MIAMI BEACH SURF LIFE SAVING CLUB INC.
PART 1 THE CONSTITUTION
SECTION A Name, Control, Objects, Badges
1 -NAME, INTERPRETATION AND DEFINITION
1.1 NAME The name shall be ".Miami Beach Surf Life Saving Club Inc.," hereinafter referred to as "The Club".
a) ASSOCIATION -shall mean "Surf Life Saving Australia Limited".
b) AUSTRALIAN COUNCIL -shall mean the body consisting of the SLSA (Association) Directors.
c) SLSQ -shall mean "Surf Life Saving Queensland Inc.", which includes Branches, Clubs and their members.
d) BRANCH -shall mean the South Coast Branch, which includes the affiliated clubs and their members within the boundaries of that Branch as defined by SLSQ, and representatives of Auxiliary Organisations.
e) CLUB -shall mean all the registered, financial members as defined in B/1.1, and the affiliated Auxiliary Organisations.
f) COUNCIL -shall mean the body consisting of the President and elected officers and voting members.
1.2 INTERPRETATION
In this Constitution:
a) a reference to a function includes a reference to a power, authority and duty;
b) a reference to the exercise of a function includes where the function is a power, authority
or duty a reference to the exercise of the power or authority of the performance of the duty;
c) words importing the singular include the plural and vice versa;
d) words importing any gender include the other genders;
e) references to persons include corporations and bodies politic;
f) references to a person include the legal personal representatives, successors and permitted assigns of that person,
g) a reference to a statute, ordinance code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactment's or replacements of any of them (whether of the same or any legislative authority having jurisdiction) .
h) The specification of the objects and powers of the Club in A/3 of this Constitution are not in any particular order and are not to be construed so as to lead to the construction that any object or power is more important than any other object or power, nor than any object or power which is specified in detail is more important than any object or power which has not been specified in detail, and no particular object or power will be limited by reference to any other and the rule of construction known as the "ejusdem generis" rule shall not apply.
i) If any provision of this Constitution or any phrase contained in it is invalid or unenforceable in any jurisdiction, the phrase or provision is to be read down for the purpose of that jurisdiction. If possible so as to be valid and enforceable and other wise it shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this Constitution or affecting the validity or enforceability of that provision in any other jurisdiction.
1.3 DEFINITION
a) Year (Season) shall mean in the case of the Club the period between 1 October in anyone year and 30 September in the year following.
2 -CONTROL
2.1 The Club shall be subject to the control of SLSQ and the Branch to the extent of the power of SLSQ and the Branch and shall have full control over all surf life saving services within that part of the Branch area designated as the Club's Bathing Reserve or as directed by SLSQ or the Branch from time to time. It shall be charged with the fulfillment of the objects of the Association with in the boundaries of its jurisdiction.
2.2 Auxiliary organisations may be formed and affiliated to the Club providing such organisations have similar aims and objects as the Club and are subject to the overall control of the Club.
2.3 Topics -Religion and politics and matters such as this shall not be part of the Association business and are banned from discussion at any official meetings held within the Association. These items shall remain as an individual commitment only, without reference to the Association in any way.
3-OBJECTS AND POWERS
The club is a charitable community service based institution, and the objects for which the club is established are to:
3.1 Promote, advance and control the work of Surf Life Saving, the resuscitation of the apparently drowned, the treatment and resuscitation of any person stung by any marine
stinger, and the application of first aid on surfing beaches and elsewhere.
3.2 Assist in research and experiments for the improvement of methods of Surf Life Saving, the resuscitation of the apparently drowned and the treatment of the seriously stung, and to provide efficient life saving equipment of standard design, and oversee the training of members of the Club in the efficient use of such equipment to minimise loss of life in surf bathing and elsewhere.
3.3 Co-operate with any organisation in improving methods of life saving (whether in still or rough water or elsewhere) and the securing of public recognition and financial support for Life Saving.
3.4 Promulgate rules issued by the Branch, from time to time, for the management and control of surf life saving and resuscitation work so far as local conditions permit, and within the Club's area of authority.
3.5 Promote, demonstrate and instruct the methods of Surf Life Saving.
3.6 Enforce the observance of the laws of the Association, deal with any infringement thereof, and adjudicate upon all disputes and difficulties between members of the Club.
3.7 Obtain improved facilities for surf bathing.
3.8 Effect such purposes as may be necessary in the interest of surf bathing.
3.9 Acquire by purchase, exchange or otherwise, whether for an estate in fee simple or for any less estate in lands, tenements or hereditaments or any tenure whether subject or not to any changes or encumbrances and erect, replace, maintain, reconstruct, adapt and furnish any offices or other buildings thereon and sell, let, alienate, mortgage, charge or otherwise deal with all or any of such lands, tenements or hereditaments or any part thereof.
3.10 Raise or borrow money on bonds, or mortgage, or other security of any property, held for or on behalf of the Club, or without any such security and upon such terms as the Club shall think fit.
3.11 Receive money on deposit with or without allowance of interest thereon.
3.12 Invest the monies of the Club, not immediately required, in such manner as may from time to time be determined by the Club Management Committee, subject to the relevant Government Act.
3.13 Ensure that environmental considerations are taken into account in all surf life saving and related activities conducted by the Club.
4-BADGES AND COLOURS
4.1
The Club emblem shall be worn only by accredited representatives and members of teams who are selected or approved by the Club Selection Committee and shall be to the design appearing in Appendix "G". Such emblem shall be obtained only on the written order of the Club Secretary and such written order shall detail the lettering to be embroidered beneath the emblem.
4.2 The Club Life Membership Badge shall be presented by the Club to each duly elected Life Member and shall be to the design appearing in Appendix "G".
4.3 The Club Membership Badge shall be available to members and shall be to the design appearing in Appendix "G".
4.4 The Club Colours shall be Maroon and Gold.
5-THE COMMON SEAL
5.1 The form of the Common Seal shall be as set out in the first part of Appendix "G" of this Constitution together with the words "Miami Beach Surf Life Saving Club Inc." around its perimeter and the words "The Common Seal of' in its centre.
5.2 The Management Committee shall provide for the safe custody of the Seal.
5.3 The Seal shall only be used by the Authority of the Management Committee, and every document to which the Seal is affixed shall be signed by two (2) members of the Management Committee one of whom shall be the President.
SECTION B
Composition. Membership. Affiliation. Management
1-COMPOSITION I MEMBERSHIP
1.1 The composition of the Club shall consist of the following members -its Officers, Active, Reserve Active, Long Service, Life, Associate, Qualified Associate, Award, Temporary Social, Social, Cadet, Nipper and Probationary Members, and membership shall be unlimited.
1.2 A Register of these members shall be prepared at the commencement of each year, and shall be updated from time to time as required. "
1.3 All applications for membership shall be made on the appropriate Association Form and all members shall be bound by this Constitution, the By-Laws, the Appendices Resolutions and the Manuals of the Association and the Association's Memorandum of Association, Articles of Association and Rules & Regulations, and a prescribed fee for each category of membership shall be such sum, payable at such time and in such manner as the Management Committee shall from time to time at any General Meeting so determine. Members must renew their membership annually.
2-RESTRICTION
2.1 All applications for membership of the Club shall be made on the appropriate Association Form, and shall be available to males and females provided that active membership shall be limited to holders of the Bronze Medallion, and subject to an annual proficiency test.
2.2 A member of a Life Saving Organisation affiliated with International Life Saving may be accepted as a member of the Club provided that the member complies with all the conditions for membership of this Association and its Manuals.
2.3 Separate accommodation and amenities for male and female members, which are satisfactory to the Branch and the SLSQ shall be provided.
2.4 An unfinancial, suspended or expelled member of the Club shall not knowingly apply to join another Club, nor shall a Club knowinqly admit to membership nor retain in membership any past or present member of the Club who is indebted in any way to or has been suspended or expelled.
2.5 A club shall immediately provide their respective Branch and SLSQ with the names and addresses of members who have had their membership cancelled or suspended and such information, including the period of suspension/cancellation of membership shall be set out in a register provided for that purpose.
2.6 Should a bona fide member of more than one Club be completely suspended or expelled by the Club he shall not be allowed to compete in any competitions conducted by any Club of which he is a member or by the Association.
2.7 In cases in dispute, an appeal may be lodged with the Branch or SLSQ as the case may be.
3-CATEGORIES OF MEMBERSHIP
In relation to membership categories, the Club shall provide for the following types of
membership and the following minimum qualifications shall be adhered to and shall have duties
and privileges as set out in the ByLaws;
a) Probationary Member shall be the designation of any person for the time period between applying for membership and the gaining of an award and/or the granting of a formal category membership by the appropriate Club committee.
Note: Probationary members are not Individual Members for the purposes of the Articles of Association of SLSA.
b) Junior Activity Member (Nipper) shall be a minimum age of 7 years up to a maximum age of 13 years on a seasonal basis (age for a season is determined as at midnight on the 30 September at the commencement of that season), and such person shall be required to gain the relevant Junior Activity Certificate for that person's age group.
c) Cadet Member shall be subject to the age qualification as defined in the Association's Manuals and has obtained the Surf Life Saving Certificate in that season or passed an annual proficiency test.
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d) Active Members shall be Bronze Medallion holders and shall fulfil the full patrol and Club obligations, as provided by the Association and the Club Constitution and By-Laws, and shall qualify in an annual proficiency test each season, unless the member has obtained his Bronze Medallion in that Season.
e) Reserve Active Membership
i) may be granted by a Club to Active Members who have satisfactorily completed (from the gaining of the Bronze Medallion) at least seven years of patrol and Club obligations as provided by the Association and Club Constitution and By-Laws. Reserve Active Membership shall not be automatic, but shall be granted by resolution of the appropriate Club body;
ii) members shall perform a minimum of patrols in each club where they hold Reserve Active membership, as required by SLSA, and further patrol duties at the discretion of the Club management;
iii) members shall complete the Annual Proficiency Test.
Note: Notwithstanding (i) above Reserve Active Membership may be granted under exceptional circumstances to Active Members irrespective of years of service.
f) Long Service Membership
i) may be granted by a Club to members who have completed ten (10) years active service or to members who have completed seven (7) years active service plus five (5) years reserve active service;
ii) members shall be exempted from all patrol obligations and may be granted other special privileges of membership as provided in the Club Constitutions and By-Laws;
iii) should such members join another affiliated club the receiving club shall determine if such member's Long Service shall be recognised by that club.
g) Award Membership
i) may be granted by a Club to members who are the holders of an Association Award of one or more of the following designations -Radio Award/s, Resuscitation Certificate, Advanced Resuscitation Certificate or First Aid Award/s (or equivalent);
ii) members may be called upon to perform patrols and/or other Club obligations commensurate with their qualifications, and provided they so do shall be eligible for voting rights as approved by the Club and minuted.
h) Associate Membership
i) may be granted by a Club to a person who mayor may not be the holder of an Association award;
ii) does not entitle such member to voting rights unless elected to office or a position which is provided with voting rights by the Club Constitution or By-Laws;
iii) shall have a joining and/or annual membership fee Substantially greater than fees for other categories of Club membership.
j) Qualified Associate
i) may be granted by the Club to a person who is the holder of the Association awards of Bronze Medallion or Surf lifesaving certificate;
ii) does not entitle such member to voting rights unless elected to office or a position which is provided with voting rights by the Club Constitution or By-Laws;
iii) members may be called upon to perform patrols and/or other Club obligations commensurate with their qualifications, and provided they so do shall be eligible for voting rights as approved by the Club and minuted.
iv) shall have a joining and/or annual membership fee similar to that of an Award Member
i) Honorary Membership may be granted by a club to persons who mayor may not hold an SLSA award.
k) Life Membership may be granted by Clubs and/or Branches to members who have rendered distinguished or special service as provided for in the Club/Branch Constitution or By-Laws, and is relevant to that Club/Branch only. Life Members shall be entitled to all rights and privileges of the club for Life without payment or any obligations to the club and shall receive a badge approved by the committee signifying their Life membership.
4. -DUAL MEMBERSHIP
In relation to dual or multi-club membership the following shall apply:
a) Any member of a club may be admitted as a member of another club or clubs, providing such member has a "clearance" as provided for in "Clearances" (Refer to the By-Laws).
b) Any competing member shall not participate in any Inter-Club competition as a representative of more than one club during anyone competition season unless and until their "competitive rights" have been transferred as provided for in "Competitive Rights Transfer" (Refer to the By-Laws).
c) Any competing member who is a member of more than one club shall be entitled to compete in club events of all such clubs.
5-ADMISSION AND REJECTION OF MEMBERS
5.1 At the next meeting of the Management Committee after the receipt of any application and the fee applicable for any class of membership, such application shall be considered by the Management Committee, who shall thereupon determine upon the admission or rejection of the applicant.
5.2 Any applicant who receives a majority of the votes of the members of the Management Committee present at the meeting at which such application is being considered shall be accepted as a member to the class of membership applied for.
Updated July 1998 (Clubcon) Page 8 of 23
5.3 Upon the acceptance or rejection of an application for any class of membership the Secretary shall forthwith give the applicant notice in writing of such acceptance or rejection.
6-TERMINATION OF MEMBERSHIP
6.1 A member may resign from the Club at any time by giving notice in writing to the Secretary. Such resignation shall take effect at the time such notice is received by the Secretary unless a later date is specified in the notice when it shall take effect on that later date.
6.2 If a member
a) is convicted of an indictable offence; or
b) fails to comply with any of the provisions of the Rules; or
c) has membership fees in arrears for a period of two months or more; or
d) conducts himself in a manner considered to be injurious or prejudicial to the character or interests of the Club,
the Management Committee shall consider, within a reasonable time, whether his membership shall be terminated.
6.3 The member concerned shall be given a full and fair opportunity of presenting his case and if the Management Committee resolves to terminate his membership it shall instruct the Secretary to advise the member in writing accordingly.
7 -APPEAL AGAINST REJECTION OR TERMINATION OF MEMBERSHIP
7.1 A person whose application for membership has been rejected or whose membership has been terminated may within fourteen days of receiving written notification thereof, lodge with the Secretary written notice of his intention to appeal against the decision of the Management Committee.
7.2 Upon receipt of a notification of intention to appeal against rejection or termination of membership the Secretary shall convene, within fourteen days of the date of receipt by him of such notice, a Judiciary Committee meeting to determine the appeal. At any such meeting the applicant shall be given the opportunity to fully present his case and the Management Committee subsequently shall likewise have the opportunity of presenting its case. The appeal shall be determined by the vote of the members present.
7.3 Any member whose membership is rejected, and appeal dismissed by the Judiciary
Committee shall have the right to lodge an appeal (within 14 days) to the Club Council.
Such appeal shall be dealt with by the Council within 1 month of lodgement. (Refer ByLaws).
7.4 Where a person whose application is rejected, does not appeal against the decision of the Judiciary Committee within the time prescribed by these Rules or so appeals but the appeal is unsuccessful, the Secretary shall forthwith refund the amount of any fee paid.
7.5 If the appeal is unsuccessful the person shall have the right to appeal to the next highest authority. (Refer By-Laws).
8-DISCIPLINARY MEASURES
8.1 Disciplinary action may result should a member assert pressure on any other member to obtain any form of grace or favour on the grounds of any difference or otherwise in gender.
8.2 Disciplinary action may result should a member place any other member under any moral obligation or infringe any other member's moral standing for whatever purpose.
8.3 Any member suspected of any breaches of club rules may be required to attend a Management Committee meeting to show cause as to why disciplinary action should not be taken as provided in the Constitution and By-Laws, or of a moral or criminal nature is to be referred to the Police for their investigation.
8.4 Notwithstanding the foregoing, members may be required to attend Judiciary Committee meetings should they be the subject of an alleged breach of conduct.
8.5 Judiciary and appeal procedures to be followed are set out in the By-Laws and Appendix A.
9-AFFILIATIONS
9.1 The Club shall apply annually for affiliation to the Branch, and such application shall be made prior to the Branch Annual General Meeting, and may be approved by the Branch providing such applicant complies with the requirements of the Branch Constitution and conditions set down from time to time and further, providing that an application may be received and granted after the prescribed date.
9.2 The Club shall not be granted affiliation unless it is a registered incorporated association or in the process of registering under the relevant Government Act, nor remain affiliated unless it and its affiliated bodies subscribe to the Constitution, ByLaws, etc., of SLSQ and Branch and the Association's Memorandum of Association, Articles of Association and Rules & Regulations. Probationary affiliation may be granted to a Club for a maximum trial period of twelve (12) months or a lesser period as determined.
9.3 Continued affiliation of the Club may be subject to challenge for a requirement to show cause why the affiliation should be continued if the Club fails to comply with all or any of the following procedures:
a) Carry out and perform the duty of patrolling the Club's designated beach at such times as prescribed by the Branch.
b) Comply with written requests and directions as detailed by SLSQ/Branch from time to time.
c) Remain financial with SLSQ/Branch.
9.4 The Club may authorise the formation of Auxiliary Organisations to function for such purposes and for such periods as may be determined from time to time by the Club.
9.5 Auxiliary Organisations shall subscribe to the Constitution, Rules, etc., of the Association and the Club, and shall be registered under the relevant Government Act.
9.6 No club shall be permitted to affiliate with a branch other than that within the boundaries of whose area it is situated; except when, upon special representation, it is agreed that a better life saving service can be rendered by affiliation elsewhere.
9.7 The initial application for affiliation shall be accompanied by a Constitution or a framework of rules under which the applying body intends to operate and such Constitution or Rules shall be subject to approval or otherwise of SLSQ.
9.8 Changes or amendments to the Constitution, Rules, etc., of affiliated and or auxiliary organisations must not conflict with the Constitution, By-Laws, policies or rules of the Branch or SLSQ.
10 -MANAGEMENT
The Management of the Club shall be provided in the following manner:
10.1 The Club Council
The overall responsibility for the affairs of the Club shall be vested in the Council which
shall consist of the Club President (Chairperson), elected Officers and voting members.
(1 and B/1/1.2)
10.2 The Management Committee
The business and operations of the Club shall be the responsibility of the Management Committee with the exception of matters relating to Policy, Constitutional Change, Incorporation Responsibilities and Authority, and major financial borrowings and strategic issues. Recommendations only shall be provided on such issues to the Council. The Management Committee shall consist of elected Officers of the Club, namely: President, Deputy President, Captain, Vice-Captain, Secretary, Treasurer, Chief Training Officer, Junior Activities Officer, plus one Elected Active Member with full voting rights.
10.3 Boards and Committees Boards, Special Committees and Sub-Committees may be established to assist in the management of the Club, as provided for in the By-Laws, and shall report and make recommendations to the Management Committee and or the Club Council.
10.4 The Executive Officers The Executive Officers of the Club shall be the President, Deputy President, Secretary, Treasurer, and Captain.
10.5 Staff Shall be as provided for in D/4 and may include:
a) An Administrator/Office Manager whose duties shall be as provided for under the By-Laws and shall operate in close liaison with the Executive Officers and other Club Officers, and shall attend and act as Minute Secretary for Council, Management and Executive Committee Meetings.
b) Other personnel as determined from time to time by the Management Committee.
10.6 Order of Authority Whilst it is accepted that the foregoing represent and act for and on behalf of the Club, the order of priority in relation to authority is:
The Council, the Management Committee, the President and the Secretary.
10.7 Branch Councilor
a) The Councilor to the Branch shall be the Club President and shall be elected annually at the Annual General Meeting of the Club. All Councilors shall be endorsed at the commencement of the Annual General Meeting of the Branch.
b) No Councilor shall be entitled to represent more than one (1) Club at the same time.
c) The Councilor shall hold office until the appointment of his successor, provided that he may resign or may be removed from the office by the Club Council, in which case the Club may submit to the Branch the name of a replacement.
d) Any Councilor who is absent from two (2) consecutive meetings of the Branch Council without submitting a satisfactory reason in writing, may be held to have forfeited his seat and in such event, shall not be eligible for re-election during the current year provided always that the Club shall receive due notification and submit the name of a replacement.
e) An Alternate Councilor (proxy) shall be permitted as provided in the By-Laws.
SECTION C
Election of Officers & Life Members
1-ELECTION OF OFFICERS
1.1
Officers shall be elected annually at the Annual General Meeting by secret ballot.
1.2 Nominations for Officers to be elected or appointed at the Annual General Meeting of the Council shall be in writing on the appropriate form, signed by the nominator and seconder, who shall be members of the Club, and bearing a certificate signed by the nominee expressing his willingness to accept the position for which he is nominated. Such nominations shall be in the hands of the Secretary at least fourteen (14) days prior to the date of the Annual General Meeting and shall be promulgated to the members at least seven (7) days before that date.
1.3 If there are no nominations received as aforesaid, nominations may be accepted at the Annual General Meeting provided the person nominated is present or has given a written consent to accept office. The election of Officers shall be by secret ballot.(or by show of hands at the discretion of the Chairman). In the final ballot, should there be an equality of votes, the following shall apply:
c) If one of the nominees occupies the office which is the subject of the ballot, such nominee shall be declared re-elected.
b) If none of the nominees occupies the office which is the subject of the ballot, the presiding Chair person at the time of the ballot shall have a casting vote.
1.4 All Officers shall continue in office, subject to resignation or requirement, removal from office, illness, incapability or some other reason, until their successors are appointed. In the event of a vacancy occurring during the year, such vacancy may be filled at a Management Committee or Council Meeting, subject to the normal conditions of nomination. If the Management Committee appoints the person, then it shall require endorsement by the Council.
1.5 Any Officer who is absent from three (3) consecutive meetings of the Committee he is a member of without submitting a satisfactory reason in writing may be removed from office by the Council, and in such event, shall not be eligible for re-election during the current year.
1.6 Any Officer who is not satisfactorily carrying out his duties may be removed from office by the Council, and in such event, shall not be eligible for re-election during the current year; provided that no such action shall be taken unless notice of intention to move a motion to give effect hereto has been given in accordance with the provisions of E/6.
1.7 Appeal against removal from Office Any officer dealt with in accordance with 1.5 and 1.6 above shall have the right to lodge an appeal against such removal to the Club provided that the appeal shall be lodged in writing to the Club within fourteen (14) days of the notification of the removal and shall set out clearly the grounds of the appeal. The appeal shall be placed before the Club Judiciary Committee, and shall be dealt with as per the By-Laws.
2 -ELECTION OF LIFE MEMBERS
2.1 Life Members of the Club may be elected from the members who have rendered long and conspicuous service to the club in an active and/or administrative capacity, to the Club during a minimum period of fifteen (15) years.
2.2 Prospective nominees' names shall be considered by the current Life members at a special meeting of these members and from such meeting the selected nominees shall be submitted to the Management Committee. The committee at its meeting immediately preceding the annual general meeting shall select the member to be appointed and shall recommend their appointment to the Annual General meeting by a simply majority of members voting at the committee meeting . There shall be not more than one member selected for consideration and election at the Council Annual General Meeting, in each season.
A two-thirds (2/3) majority of those voting at the AGM is required to confirm the award.
SECTION D
Property, Finance, Budget & Staff
1 -PROPERTY
1.1 The property of the Club shall be vested in the name of the Miami Beach Surf Life Saving Club Inc.
2 -FINANCE
2.1 An official receipt, in the form prescribed by the State Government, shall be issued for all monies received, and which shall be banked/deposited promptly after receipt thereof, in the name of the Club in such Bank as the Management Committee directs.
2.2 Payments shall be made only by cheque, crossed "not negotiable", signed by any two
(2) of the Executive Officers.
2.3 The assets and income of the Club shall be applied solely in furtherance of its above mentioned objectives and no portion shall be distributed directly or indirectly to the members of the Club except as bona fide compensation for services rendered or expenses incurred on behalf of the Club.
2.4 Where any affiliated branch or club of the Association, as the case may be, is unable to make any lawful appeal for support for that affiliated branch or club or for its objects, as distinct from an appeal for support for SLSQ or the objects of SLSQ, no moneys or property whatsoever shall be paid or transferred to the affiliated branch' or club by SLSQ or any affiliated branch or club of the Association, as the case may be, or used for the purposes of the affiliated branch or club first mentioned.
Updated July 1998 (Clubcon) Page 14 of 23
2.5 Before payment, all accounts shall be ratified by the Treasurer and/or the Secretary, and later confirmed by a properly constituted meeting of the Councilor the Management Committee and a record made in the Minutes.
2.6 The Treasurer shall ensure that the statement of receipts and expenditure are presented to the appropriate meeting for confirmation on a monthly basis.
2.7 The Treasurer shall maintain a record of the investments of the Club in a book to be kept for that purpose.
2.8 The books and accounts of the Club shall be kept and an annual audit conducted in the manner required within the State of Queensland and as required under the relevant Government Act as administered by the relevant government department. Such audited report to be presented to the Annual General Meeting of the Club. (Refer to ByLaws).
2.9 As soon as practicable after the end of each financial year, the Treasurer shall cause to be prepared, a statement containing the particulars of:
a) the income and expenditure for the financial year just ended; and b) the assets and liabilities and of all mortgages, charges and securities affecting the property of the Club at the close of that year.
2.10 Government Subsidy
a) The Club shall submit returns to SLSQ as required by the relevant State Government Department
b) As soon as possible after the receipt of any Government subsidy a receipt for the monies received shall be forwarded to the Department.
2.1 1 The financial year of the Club shall be from the first day of May in anyone year to the thirtieth day of April in the year next following.
2.12 Financial activities of all Committees of the Club shall be under the control of the Treasurer, who shall, in conjunction with the Club President and Chairperson of the Committee concerned, determine the method of financial operation most suited to that particular Committee, providing that at all times, the requirements of the relevant Government Department of the State of Queensland are maintained.
2.13 Any member being in default of payment of liabilities to the Club for in excess of two (2) months from date of notification of default may have his membership deferred or may be penalised by the Management Committee, subject to endorsement of the Council; such penalty shall remain in force until the liability has been negotiated to the satisfaction of the Club.
2.14 The Council, through the Management Committee, shall provide for the safe custody of books, documents, instruments of title and securities of the Club.
3-BUDGETS
3.1 The Treasurer shall prepare a budget by 1st April for the ensuing year, after consultation with all Officers of the Club, provided that the budget may be subjected to further consideration after the election of Officers at the Annual General Meeting.
3.2 The budget shall be submitted by the Management Committee to the Council for consideration of the budget allocations, and once approved it shall be competent for each Officer and Committee to utilise the Club finances to the limit of its allocation, unless directed otherwise by the Management Committee.
3.3 Any unforeseen items in relation to finance that may arise shall first be considered by the Management Committee, which shall if it is considered important or necessary, recommend that the matter be considered by the Council.
4-STAFF
4.1 The Club may provide for the appointment of an Administrator and other full-time employees as may be required from time to timein the conduct of its affairs.
4.2 Paid staff of the Club are not permitted to hold a position of an "Officer" in the Club, provided that such paid staff may seek election as an Officer with the proviso that if elected they shall forthwith forfeit their paid position.
4.3 Salaries of staff members as provided for in B/10.5 shall be determined by the Management Committee.
4.4 The Management Committee shall endorse or reject the employment of other paid assistance as may be considered from time to time.
4.5 Pay structures of other paid assistance shall be determined by the President and Treasurer, following a recommendation submitted by the Secretary.
SECTION E
Requirements and Procedures
1-BRANCH REPRESENTATION
1.1 The Club shall be represented on the Branch Council by the Club President who shall be a Branch Councilor and be elected at the Annual General Meeting of the Club.
1.2 The Club shall be represented on the Branch Board of Junior Activities by the Club Junior Activities Officer as elected by the Club.
2-MEETINGS
2.1 The business of the Club shall be transacted at the following classes of meetings
a) The Annual General Meeting; b) General Meetings; c) Meetings of the Management Committee; d) Special Meetings of the Club, the Management and/or the Executive; e) Meetings of the Committees; f) Special Meetings of Committees.
2.2 Management Committee Meetings shall be held at least once every two (2) calendar months or as directed by the Council and as required by the Chairperson of the Committee, having regard to business requirements and circumstances prevailing at that time.
2.3 In relation to Minutes of the aforementioned meetings, the following procedures shall apply:
The Secretary shall cause full and accurate minutes of all questions, matters, resolutions and other proceedings of every Council, Management Committee and Executive Committee meeting to be entered in a book to be open for inspection at all reasonable times by any financial member who previously applies to the Secretary for that inspection. For the purposes of ensuring the accuracy of the recording of such minutes, the minutes of every meeting shall be signed by the Chairperson of that meeting or the Chairperson of the next succeeding meeting verifying their accuracy. Similarly, the minutes of every Annual General Meeting shall be signed by the Chairperson of that meeting or the Chairperson of the next succeeding General meeting or Annual General Meeting.
2.4 Detailed requirements and procedures relative to the conduct of the aforementioned meetings are as provided for in the By-Laws.
2.5 Nothing contained in the Constitution shall prevent a meeting of a group of Officers or members of the Club, provided that any reports or recommendations resulting from such meeting shall be ineligible for consideration by any higher authority unless they are submitted to the Management Committee within a period of seven (7) days of that meeting.
2.6 Fourteen (14) clear days notice, in writing, shall be given for the Council Annual General Meeting and General Meetings, ten (10) clear days for any other Special Meetings.
2.7 Special Meetings shall be convened when directed by the President or the Management Committee, or by request in writing from not less than the number of voting members of the Club which equals double the number of members presently on the Management Committee plus one. Such requisition shall clearly state the reasons why such Special Meeting is being convened and the nature of the business to be transacted thereat. Notice of meetings of Committees shall be at the discretion of the respective Chairperson.
2.8 Special Meetings of the Management Committee shall be convened by request of the President or by not less than one-third of the members of the Management Committee.
3-VOTING
3.1 Only financial Active, Reserve Active, Long Service, Life Members, Officers and those Award members and Qualified Associates that satisfy Bylaw 2.3(f) shall be eligible to vote at Council Meetings, and shall be entitled to one vote and in the case of an equality of votes the Chairperson shall have a second or casting vote: Provided that no member shall be entitled to vote at any general meeting if his annual subscription is in arrears at the date of the meeting.
3.2 All voting members of the Council (E/3.1) shall be entitled to one vote only at all meetings of the Council at which they are present, provided that the Chairperson shall have both a deliberative and casting vote excepting as provided for in C/1.3.
3.3 Members elected to a Committee are the only persons eligible to vote at meetings of their respective Committees, and the Committee Chairperson shall have both a deliberative and casting vote.
3.4 Postal Voting shall be subject to the following conditions:
a) Any matter which may be dealt with by the Council other than a Notice of Motion to alter the Constitution, shall be eligible to be resolved by a Postal Ballot.
b) A Postal Ballot may be authorised by the Councilor the Management Committee.
c) Procedural arrangement shall be:
(i) The Secretary shall deliver or send by post or facsimile to each member who is entitled to vote, a clear statement of both sides of the question to be voted upon with a request that he return his vote thereon to the designated Returning Officer. (Such request shall state the date upon which voting shall close).
(ii) Eligible voters shall, upon receipt of the ballot paper and specified information, complete the ballot paper and shall forward it in the envelope provided or transmit by facsimile to reach a designated Returning Officer by the closing date of the Postal Ballot.
(iii) All votes cast in the Postal Ballot shall be delivered (where possible in an unopened condition) to the Returning Officer as soon as practicable.
(iv) As soon as practicable following the closing date for voting, the Returning Officer shall, in the presence of at least two (2) Executive Officers open the votes received by the closing date and shall tally the votes cast.
(v) The President's right of a casting as well as a deliberative vote shall apply in the case of a Postal Ballot.
(vi) Within seven (7) days of the closing date of the Ballot, the Secretary shall advise all eligible voters of the result.
Updated July 1998 (Clubcon) Page 18 of 23
(vii) All votes cast in the Ballot, including any which are for any reason considered by the Returning Officer to be informal, shall be retained for presentation, if necessary, to the next succeeding meeting of the authorising body.
(viii) The result of the Postal Ballot shall take effect forthwith.
4-CHAIRPERSON
Except where otherwise provided the President shall be Chairperson of all meetings of the Council and the Management Committee, and in his absence the Deputy President shall be the Chairperson, and in the absence of both the meeting shall elect a Chairperson.
5-QUORUM
5.1 At the Annual General Meeting, General Meetings and Special General Meetings of the Club, the number necessary to form a quorum shall be Double the number of members presently on the Management Committee plus one.
5.2 At Management Committee Meetings, the number of Officers to form a quorum shall be a simple majority of members.
5.3 At other Committee Meetings a simple majority of voting members shall be present.
5.4 If a quorum as prescribed above is not present within one half hour after the advised commencement time, the following shall apply:
a) Annual General Meeting
(i) The meeting as advertised shall be deferred for one week to the same time and place, provided that a notice signifying the deferment shall be forwarded to each member, and a similar notice shall be placed in a prominent position at the Club.
(ii) Should a quorum not be present at the advertised commencement time of the deferred meeting the Chairperson may declare those present to be a quorum and the meeting shall be deemed to be properly constituted.
b) Management Committee Meeting The meeting shall lapse and urgent business to be transacted by Executive members.
c) Council! General Meeting The meeting shall lapse and the business to be transacted at that meeting shall be dealt with by the Management Committee.
d) Committee Meetings The meeting Chairperson shall decide future action on matters before the Board or Committee.
6-NOTICE OF MOTION
6.1 Notices of any motion intended to be moved at an Annual General, General or Special Meeting of the Council, shall be given in writing signed by the mover and seconder thereof (who must be members of the meeting to which the Notice of Motion will be referred) to the Secretary at least twenty eight (28) clear days prior to the date of such meeting and shall be included in the business paper on the notice calling such meeting .
6.2 A notice of motion desired to be moved or seconded by a Branch Councilor must be accompanied by the written endorsement of the Club.
6.3 The meeting may, by ordinary resolution, grant the mover and seconder leave to alter their motion, in a minor way without altering the intention of the motion. No amendment to the motion will be accepted.
6.4 A motion of which due notice has been given, if unsuccessful, cannot be resubmitted, nor may any other motion having a similar effect be moved at the next meeting of Council or within six (6) months from the date of its rejection, unless approved by the Management Committee.
7-MOTIONS TO RESCIND
7.1 A motion to rescind any motion carried at a meeting of the Council, Management Committee or other Committee may be considered only at a subsequent meeting of those bodies.
7.2 Notice of Motion to rescind a resolution carried at a previous meeting shall be accepted only on the written resolution of not less than two (2) voting members of the Councilor the Committee to which the rescission motion refers. In all other respects, the provisions of E/6 shall apply.
8-ALTERATIONS TO THE CONSTITUTION
8.1 The Club may alter its Constitution as regards local and domestic matters which do not conflict with the provisions of the Association's Memorandum of Association, Articles of Association and Rules & Regulations, State or Branch Constitutions as the case may be.
8.2 Subject to the provisions of the relevant Government Act, the Club Constitution may be amended, rescinded or added to, from time to time by a special resolution carried at an Annual General Meeting or a Special General Meeting of the Council, called for that purpose, provided that no such amendment, rescission or addition shall be valid unless the same is submitted to and registered by the relevant Government Department.
8.3 Notice of the proposed alteration shall be given in the manner provided for Notices of Motion but shall specifically state that it is a notice of proposal to alter the Constitution, either by amending or repealing an existing provision thereof or by adding a new provision.
8.4 The notice of the proposed alteration shall be included in the Notice calling the Meeting (whether Annual, General or Special), at which it is to be submitted as a "Notice of Motion to alter the Constitution".
8.5 Provided that the aforesaid Notice be duly given, it shall be competent for the alteration of the Constitution to be considered and dealt with at the meeting of the Club Council.
8.6 A copy of the notices issued in accordance with E/8.3 shall be sent to the Branch and SLSQ, at the time of issue, for endorsement.
8.7 The Club shall lodge with the Branch and SLSQ, copies of its Constitutions and of all amendments and/or alterations thereto which have been adopted.
9 -MEMBERSHIP FEES
9.1 Member fees shall be:
a) As decided from time to time by a General, Special General or Annual General Meeting of the Council.
b) Paid within thirty (30) days of the Annual General Meeting or membership will lapse and a joining fee may be charged.
c) Paid prior to the Annual General Meeting for a member to be eligible to vote at that meeting.
9.2 A financial member at any material time is a member who is not then indebted to the organisation in respect of any annual subscription or levy or other payment whatsoever.
9.3 Only those members who are financial members at the time shall be entitled, subject to the lawful procedure of the meeting, to speak or vote upon any motion at any general meeting of the organisation.
10 -DOMESTIC RULES AND STANDING ORDERS
10.1 Provided that they do not conflict with the letter or the spirit of the rules incorporated in the Association Constitution and Manuals, the Club may create, alter and repeal Domestic Rules and Standing Orders for the conduct of its local and domestic affairs.
10.2 A bound book shall be provided to record such domestic rules and standing orders which shall be laid down from time to time by a Council Meeting. Such Rules or Standing Orders shall remain in force until revoked or altered by a further Council Meeting.
11 -MAKING AND ALTERATION OF BY-LAWS AND APPENDICES
11.1 Subject to the provisions of the relevant Government Act, the Club By-Laws and Appendices may be amended, rescinded or added to from time to time by a special resolution carried at a General Meeting of the Council. Copies of any amendments shall be forwarded to the relevant Government Department, the Branch and SLSQ for record purposes.
11.2 When By-Laws are made, altered or repealed, each affiliated body shall be informed promptly.
12 -LEGAL ACTION
No Officer, or group of Officers or Members, whether in Committee or alone, may institute legal action which purports to be upon behalf of the Club or group and if it carries legal and financial implications against the Club or group or against a Branch, SLSQ, the Australian Councilor another Club affiliated to Surf Life SaVingAustralia Limited, unless by the following procedures:
(i) The constitutional convening of a General Meeting of members of the Club, and a vote affirmative of such action by a two-thirds majority of members present and voting.
(ii) Further, an invitation to such General Meeting must be given to the higher authorities of that body, i.e. Branch, SLSQ or the Australian Council and the body or group against which the legal action is proposed.
13 -TROPHIES, PRIZES AND ELIGIBILITY
In relation to trophies, prizes (cash or kind) and eligibility to accept or compete for such trophies or prizes, the following shall apply:
13.1 The Club may determine, from time to time, conditions relative to the acceptability of trophies or prizes, reimbursement of accommodation, travel and other expenses, subject to Branch approval.
13.2 The Branch shall determine a member's eligibility to compete.
13.3 The conditions regarding the value, acceptance; custody and control of trophies, and the permitted acceptance, advertisement and value of cash prizes and their distribution, shall be as detailed in the By-Laws.
14 -UNIQUE ITEMS
In the event of any question or item arising which is not specifically provided for in the Manuals of the Association or in the Constitution or By-Laws of the Club, it shall be competent for the Club to legislate thereon temporarily by resolution at any meeting of the Councilor Management pending due alteration of the Constitution.
15 -DISSOLUTION
The Club shall be dissolved only with the consent of three-fourths of the Officers and voting members present at a Special Meeting called for that purpose, notice of which must be posted to Officers and members at least twenty-eight (28) days prior thereto, and advertised in the major regional newspaper in each centre under the control of the Branch, at least once in each of the two (2) consecutive weeks immediately preceding such meeting.
16 -DISTRIBUTION OF SURPLUS ASSETS
In the event of the Club being dissolved in accordance with the provisions of the relevant Government Act, and there remains, after satisfaction of all its debts and liabilities and property whatsoever, the same shall not be paid to or distributed among the members of the Club but shall be given or transferred to Surf Life Saving Queensland or if that Association has ceased to exist to another surf life saving body which has similar objects and which is approved by the Commissioner of Taxation as a public benevolent institution for the purposes of any Commonwealth Taxation Act, and which shall prohibit the distribution of its or their income and property among its or their members to the extent at least as great as is imposed on the Club under or by virtue of D/2.3 such body to be determined by the members of the Club.
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MIAMI BEACH SLSC
PART 2
THE BY-LAWS
SECTION 1 THE CONSTITUENTS
1.1 EXECUTIVE OFFICERS
1.2 OTHER OFFICERS
1.3 LIFE MEMBERS
1.4 MEMBERS
1.5 COUNCILLOR
1.6 AUXILIARY ORGANISATION
SECTION 2 CONDITIONS PERTAINING TO OFFICERS AND MEMBERS
2.1 OFFICERS
2.2 VICE PRESIDENTS
2.3 DUTIES AND PRIVILEGES OF MEMBERSIDP
2.4 RENEWAL OF MEMBERSIDP
SECTION 3 MEETINGS (also refer appendix B)
. 3.1 ANNUAL GENERAL MEETINGS
3.2 GENERAL MEETINGS
3.3 SPECIAL GENERAL MEETINGS
3.4 MANAGEMENT COMMITTEE MEETINGS
3.5 OTHER COMMITTEE MEETINGS
SECTION 4 DUTIES OF OFFICERS AND OTHERS
4.1 THE PRESIDENT
4.2 THE DEPUTY PRESIDENT
4.3 THE CAPTAIN
4.4 THE VICE-CAPTAIN
4.5 THE SECRETARY
4.6 THE TREASURER
4.7 THE CHIEF TRAINING OFFICER
4.8 THE SURF BOAT OFFICER
4.9 THE IRB OFFICER
4.10 THE BOARD SKI OFFICER
4.11 THE COMMUNICATION OFFICER
4.12 THE GEAR AND EQUIPMENT OFFICER
4.13 THE FIRST AID OFFICER
4.14 THE CLUB HOUSE DIRECTOR
4.15 THE REGISTRAR
4.16 THE TEAM MANAGER
4.17 THE CADETNOUTHOFFICER
4.18 THE JUNIOR ACTIVITY OFFICER
4.19 COUNCILLOR (or alternate)
SECTION 5 STAFF AND EMPLOYEES
5.1 STAFF APPOINTMENTS
5.2 THE ADMINISTRATOR
SECTION 6 COMMITTEES
6.1 GENERAL
6.2 JUNIOR ACTIVITIES COMMITTEE
6.3 SELECTION COMMITTEE
6.4 CLUB HOUSE COMMITTEE
6.5 FINANCE AND PROPERTY COMMITTEE
6.6 BUILDING COMMITTEE
6.7 SOCIAL COMMITTEE
6.8 MEMBERSHIP COMMITTEE
6.9 JUDICIARY COMMITTEE
SECTION 7 PROCEDURES AND RULES
7.1 AUXILIARY ORGANISATIONS
7.2 CORRESPONDENCE
7.3 GOVERNMENT AUDIT
7.4 COLLECTION SANCTION
7.5 FUND RAISING
7.6 INSURANCE
7.7 FEES AND CHARGES
7.8 AFFILIATION
7.9 HONORARIUM
7.10 DISSOLUTION OF AFFILIATED BODIES
SECTION 8 MEMBERSHIP
8.1 MEMBERSHIP CLEARANCE
8.2 COMPETITIVE RIGHTS TRANSFERS
SECTION 9 CLUB COLOURSIBADGES, COMPETITIVE CONDITIONS
9.1 COLOURS AND BADGES
9.2 COMPETITIONS
9.3 COMPETITIVE RIGHTS, OBLIGATIONS AND QUALIFICATIONS
9.4 CLUB CHAMPIONSHIPS
9.5 TROPHIES, PRIZES AND ELIGIBILITY
9.6 TEAM MANAGEMENT
SECTION 10 VISITS AND TOURS
10.1 INTER-CLUBIINTERSTATE VISITS
10.2 INTERNATIONAL TOURS POLICY
10.3 INTERNATIONAL TOURS-WITHOUT INVITATION
10.4 INTERNATIONAL TOURS-WITH INVITATION
10.5 TOURS TO AUSTRALIA
Rev 1 July 1998
SECTION 11 DISCIPLINE, PENALTIES AND APPEALS (also refer appendix A)
11.1 JURISDICTION
11.2 DISCIPLINE
11.3 PENALTIES
11.4 APPEALS
11 .5 REFERENCES
APPENDIX A JUDICIARYCOMMITTEE-RULES OF PROCEDURE
1 DEFINITIONS
2. JURISDICTION
3. PROCEDURE
4. AT THE HEARING
5. AT THE CONCLUSION OF THE HEARING
6. APPEALS
APPENDIX B RULES OF DEBATE
1. GENERAL
2. CHAIRMAN'S AUTHORITY
3. DEBATE
4. MOTIONS AND AMENDMENTS
5. VOTING
APPENDIX C PATROL RULES
1 General
2. BUNK ROOMS
1.BOARD AND SKI
2. SURFBOAT
3. POWER RESCUE CRAFT
APPENDIX D CLUB HOUSE RULES
APPENDIXE GEAR RULES
APPENDIXF JUNIOR (Nipper) ACTIVITIES COMMITTEE RULES
1 JUNIOR ACTIVITIES COMMITTEE
2 OFFICERS AND THEIR DUTIES
3 TEAM SELECTION
APPENDIX G
THE COMMON SEAL CLUB BADGE LIFE MEMBERSHJP BADGE
MIAMI BEACH SURF LIFE SAVING CLUB INC.
PART 2
THE BY-LAWS
SECTION 1
The Constituents
BY-LAW 1.1 -EXECUTIVE OFFICERS
The following Executive Officers shall be elected at the Annual General Meeting as provided for in 1/C/1: President, Deputy President, Secretary, Treasurer, Captain,
BY-LAW 1.2 -OTHER OFFICERS
a) All or any of the following officers, may be elected at the Annual General Meeting viz.: Patron, three (3) Vice Presidents, Vice Captain, Chief Training Officer, Surf Boat Officer, IRB Officer, Board & Ski Officer, Gear & Equipment Officer, First Aid Officer, Clubhouse Director, Registrar, Communications Officer, Cadet Youth Officer, Team Manager, Junior Activities Officer, one (1) Active member to Management Committiee.
Nomination for Junior Activities Officer shall be subject to endorsement by the Junior Activities Committee, refer to By-Law 4.18.
b) Officers, as assistants may also be elected and eligible to attend Council meetings without voting rights viz.:
Asst. Secretary, Asst. Treasurer, IRB Vice Captain, Surf Boat Vice Captain, Asst. First Aid Officer, Asst. Chief Training Officer, Asst. Gear & Equipment Officer (These members so elected may act as proxies in the absence of the officer for whom they act as assistants.)
c) The Club shall appoint (by invitation) at its Annual General Meeting the Club Auditor and Club Solicitor.
BY -LAW 1.3 -LIFE MEMBERS
Life Members of the Club shall be entitled to attend Council Meetings and hold Office if elected, 1/C/2.
BY-LAW 1.4 -MEMBERS
a) Membership may be granted to any applicant in any category, subject to the Constitution and By-Laws of the Club and the Association and having completed the prescribed Association Form and submitted the required fee.
b) Membership shall be limited by category qualifications 1/B/1.1 and/or the adequacy of Clubhouse facilities to cope with the existing situation .
BY-LAW 1.5 -COUNCILLOR
The Club President shall be the Branch Councilor and a member of the Branch Council and an Alternate shall be appointed from the Executive Officers of the Club to act as proxy should the need arise.
BY-LAW 1.6 -AUXILIARY ORGANISATION
Auxiliary Organisations may be formed as Authorised in 1/A/2.2 provided that the Constitution and activities of such organisations are subject to the approval of the Club and further provided that delegate representation to and from such organisation shall be as determined by the Club from time to time.
SECTION 2
Conditions Pertaining to Officers and Members
BY-LAW 2.1 -OFFICERS
a) Officers of the Club shall be elected from the members of the Club.
b) The Senior Executive Officers of the Club shall be the President, Deputy President, Secretary, Treasurer, Club Captain and nominees for these positions shall first require an interview by a small panel of selected Club Officers with respect to the applicable work role, the applicants ability and availability to carry out duties of the office for which the nomination is received.
c) Chief Training Officer shall hold a current Training Officer's Certificate.
d) Only current proficient Surf Bronze Medallion awardees shall be eligible for election to the following positions; Club Captain, Chief Training Officer, Surf Boat Officer, Board & Ski Officer, IRB Officer and deputies to these positions.
BY-LAW 2.2 -VICE PRESIDENTS
Vice Presidents may be proposed by any member of the Club and no limit shall exist. Such proposals shall be endorsed or rejected at the Annual General Meeting.
BY-LAW 2.3 -DUTIES AND PRIVILEGES OF MEMBERSHIP
a) All financial members shall have access to all Club facilities with reference to Appendix D -Clubhouse rules
b) All financial Active, Lonq Service, Active Reserve, Qualified Associate,(Subject to ByLaw 2.3F), Award Members (subject to By-Law 2.3F), Life Members and Officers shall have the right to attend and vote at the Annual General Meeting, General Meetings and Special General Meetings of the Council. All other members may attend such meetings but have no voting rights.
c) All Active and Cadet members may apply in writing for leave of absence from their duties, stating the reasons and time for such leave.
d) All members shall abide by the Constitution, By-Laws and Rules of the Club and the Association.
e) It shall be compulsory for all Active, Active Reserve, Award, Long Service and Associate and Qualified Associate Members to participate in the Annual Brisbane House to House Collections and any other fund-raising activities arranged by the Club or Association. The reason for non attendance must be submitted to the Secretary for request for exemption seven days before the set date and mayor maynot be accepted by the Committee.
f) Qualified Associate and Award members will only allowed a vote at Annual General, General or Special general meetings if the have fulfilled the following provisions;
i They have been members of the club for at least two years. ii They have regularly assisted the club in all capabilities consistent with their experience, qualifications and experience including Patrols iii They maintain Proficiency within their qualification iv Not withstanding the above the club may grant Voting rights to specific members under exceptional circumstances. Those Qual Assoc. and Award members granted voting rights will have their names entered on a register held by the Secretary for that purpose. The Club retains the right to review this register from time to time and adjust it accordingly
BY-LAW 2.4 -RENEWAL OF MEMBERSHIP
a) Members shall apply annually for renewal of membership by submission of the prescribed Association Form and payment of the prescribed fee.
b) Should the application for renewal of membership be refused the member shall have the right of appeal, in writing through the Secretary.
c) For a member to be eligible to vote at the Annual General Meeting he shall be required to have paid his fees and had his membership application accepted prior to the date of the Meeting.
d) Any member who fails to renew his subscription by the required date shall lose all rights and privileges in the Club and shall cease to be a member. In these circumstances application for membership re-acceptance is permitted, provided the prescribed form is submitted, accompanied by the current fees, and further provided that the relevant Committee shall have the sole right to grant or refuse such application.
SECTION 3
Meetings (Refer to Appendix 'B')
BY-LAW 3.1 -ANNUAL GENERAL MEETING
a) The Annual General Meeting of the Club shall be held prior to the Annual General Meeting of the Branch on a date determined by the Council. The purpose of such a meeting shall be the presentation and adoption of the Annual Report and Financial Statement, the Election of Officers for the ensuing year, to deal with Notices of Motion correctly moved and to transact general business.
b) Written notice of the meeting shall be forwarded to each member at least 14 days prior to the meeting and the posting of such notice shall be deemed as notice received .
The order of business shall be:
c) All members may attend and participate as determined by the Chairman but voting rights are as provided for in 1/E/3.
BY-LAW 3.2 -GENERAL MEETINGS
General Meetings of the Club or Council are to be held as required for the benefit of the Club and the members. The meeting shall follow the Management Committee meeting format provided that all members, may ask questions and expect competent answers.
BY-LAW 3.3 -SPECIAL GENERAL MEETINGS
a) Special General Meetings of the Club or Council shall be called as directed in 1/E/2.6 to deal with Special Business only as detailed in the Notice of the Meeting.
b) Such meeting shall be held within 21 days of receipt of such request or directive and at least 9 clear days notice on the Club notice board shall be given stating the business to be discussed. Quorum and time limit for such a meeting shall be as detailed 1/E/2/3/4/5.
BY-LAW 3.4 -MANAGEMENT COMMITTEE MEETINGS
a) The Management Committee shall comprise those Officers and members as listed in 1/B/3.2.
b) The Committee shall meet at least every two calendar months and the Meeting dates shall be determined at the first Meeting of the Committee and placed on the notice board at least 7 days prior to each meeting.
c) Should any member of the Committee absent himself without satisfactory reason for three (3) consecutive meetings, his office shall be declared vacant and the position filled in accordance with 1/C/1. Any appeal by the member against the Committees decision shall be in accordance with 1/C/1.7.
The order of Business shall be:
BY-LAW 3.5 -OTHER COMMITTEE MEETINGS
Other Committees shall meet and operate in the area for which they are specifically created at times and places as required or as decided by the Executive or Committee Chairman.
SECTION 4
Duties of Officers and Others
BY-LAW 4.1 -THE PRESIDENT shall-
a) be the nominal head of the Club and shall be a member ex-officio of all Committees; b) be chairperson of the Council, Management and Executive Committee meetings;
c) preside at all meetings of the Club and shall exercise his authority by generally supervising the affairs of the Club in conjunction with the Executive and Management Committees;
d) when presiding at a meeting , have a deliberative and a casting vote;
e) have unlimited authority on every question of order, only to what is equitable and just in the circumstances;
f) be the Club representative on the Branch.
BY-LAW 4.2 -THE DEPUTY PRESIDENT shall-
a) The Deputy President shall assist the President and shall deputise for him in his absence, and shall carry out special assignments as directed by the President or the Executive Committee.
BY-LAW 4.3 -THE CAPTAIN shall-
a) be chairperson of the Selection Committee;
b) be responsible for the conduct and discipline of all Active Members in all Club matters,
and the general education of Members in Surf Life Saving;
c) arrange patrols and conferences with Patrol Captains during the season to discuss suggestions and observations made by him or them regarding the general efficiency of the Club in Surf Life Saving, refer to Appendix C;
d) receive and arrange entries for carnivals and competitions in conjunction with the Selection Committee and forward them to the Secretary for transmission to their proper
destination;
e) have the power to refuse the use of Club gear or property to any person;
f) call upon any members to perform such duties as he deems necessary in the interests
of the Club;
g) ex-officio, be a member of Sub-Committees associated with his duties.
BY-LAW 4.4 -THE VICE CAPTAIN shall-
a) Assist the Captain in all his duties and in the absence of the Captain have the like
power ,authorities and duties.
b) Keep a patrol register to be checked and initialed each week by the Club Captain.
c) Shall have direct control of beach patrols and the Club House Director shall consult
them re-rostering of members for clubhouse duties.
d) Present at each Management meeting a progressive total of membership patrol hours during the season.
BY-LAW 4.5-THE SECRETARY shall-
a) keep a register of all Members and an up-to-date record of their addresses, and shall file all Application Forms whether or not the nominees have been accepted;
b) forward notices of all meetings and the businessto be transacted thereat to Members in accordance with the By-Laws;
c) record and keep Minutes of all Annual General, General, Special General, Management Committee, and Executive Committee Meetings;
d) conduct the correspondence of the Club and be responsible for the custody of all documents and instruments of Incorporation belonging to the Club and for the disposition thereof;
e) be responsible for the drafting of the Annual report to be submitted to the Management Committee for approval before printing and circulation to all Members at least seven (7) days prior to the Annual General Meeting;
f) carry out all duties arising from decisions of Annual, Special, General and/or Committee Meeting.
g) directly supervise the Administrator and Registrar.
BY-LAW 4.6 THE TREASURER shall-
a) be chairperson of the Finance & Property Committee;
b) receive all monies on behalf of the Club and shall issue receipts for same, and shall be responsible to the Management Committee for such monies. All monies received on behalf of the Club shall be banked within four (4) days of receipt thereof and all payments shall be made by cheque;
c) keep the necessary books and a minimum number of accounts as required within the State of Queensland, as required by the relevant Government Act as administered by the relevant Government Department, viz., a receipt book to acknowledge collections, a cheque book issued by the Club's bankers for the purposes of payments, and a Ledger to record endowable and non-endowable collections, and expenditure by cheque. Details of cheque payments are to be recorded by him and duly presented to a meeting as set out in 1/D/215. He shall submit to the Secretary for onforwarding to the relevant Government Department an annual statement of endowable collections on the form provided by SLSQ, for the purpose of assessing Government Subsidy, and shall forward a copy of same to SLSQ;
d) at each Management Committee Meeting, present a report relating to the Club's finances, showing details of receipts and expenditure since the presentation of the previous report and shall produce the Bank statement showing the balance as the debit or credit of the Club's finances, together with Reconciliation Statement.
BY-LAW 4.7 -THE CHIEF TRAINING OFFICER shall-
a) arrange classes of Instruction and prepare all Probationary Members for award examinations;
b) arrange a drill roster and deputise other qualified and trainee-Training Officers to assist in the preparation of such Probationary Members;
c) arrange for the training and preparation of all Members for inter and intra Club competition as per the Competition Manual;
d) maintain an up-to-date knowledge of the latest methods of Surf Life Saving and the Training Manuals and impart such knowledge to all qualified Club Training Officers.
e) Shall arrange surf races (handicap and scratch) and other activities to ensure a high standard of fitness amongst members.
f) Supervise the Annual Proficiency testing
BY-LAW 4.8 -THE SURF BOAT OFFICER shall-
a) be responsible for the care, maintenance and housing of the surf boat(s) and all gear
appertaining thereto, refer to Appendix E/2;
b) at all times be subject to the direction of the Club Captain ;
c) be responsible for the training and supervision of all surf boat crews in consultation with the Captain.
BY-LAW 4.9 -THE IRB OFFICER shall
a) be a qualified IRB Driver;
b) at all times be subject to the direction of the Club Captain;
c) be responsible for the care, maintenance and housing of Club IRB refer to Appendix E/3; d) be responsible for the train ing, rostering and supervision of all IRB Drivers and Crew in consultation with the Club Captain.
BY-LAW 4.10 -THE BOARD & SKI OFFICER shall
a) be responsible for all the Club's boards & skis and its orderly housing;
b) at all times be subject to the direction of the Cub Captain c) be responsible for the housing of boards & skis belonging to members, refer to Appendix E/1;
d) in consultation with the Captain permit or prohibit the use of any Club craft or Association gear;
e) assist in the selection and the supervision of the training of individuals and or teams bylaws
board & ski competitors;
f) in consultation with the Boat Officer be responsible for the transport to and from carnivals of Club boards & skis;
g) maintain Club boards & skis in a serviceable condition.
BY-LAW 4.11 -THE COMMUNICATIONS OFFICER shall-
a) be a qualified Radio Officer;
b) at all times be subject to the directions of the Club Captain;
c) be responsible for the care, maintenance and availability of serviceable radio equipment; d) be responsible for training and rostering of members and the radio communications requirements of the Club.
BY-LAW 4.12 -THE GEAR & EQUIPMENT OFFICER shall-
a) be responsible for all the lifesaving gear (with the exception of boards & skis, surf boat or its gear) belonging to the Club, refer to Appendix E;
b) at all times be subject to the direction of the Club Captain
c) keep all such gear in good repair and condition, and report to the Club Captain any damage which he is unable to repair. Any expense shall require the approval of the Management Committee;
d) at the request of the Captain, prepare gear, other than Boats and Craft, required for carnivals and competitions of all kinds and be responsible for its transport to and from such carnival or competitions;
e) for the purpose of implementation of such duties and with the approval of the Captain, have power to call on the services of any member.
BY-LAW 4.13 -THE FIRST AID OFFICER shall-
a) possess a current First Aid Award;
b) at all times be subject to direction by the Club Captain
c) maintain adequate stocks of approved first aid material and equipment provided that he
must first obtain the approval of the Committee for the purchase of materials;
d) maintain the first aid room in a clean and orderly condition and for the purpose, may, with the approval of the Captain, call on the services of any member;
e) organise and arrange instruction for First Aid Awards in conjunction with the Association;
f) keep a record of names and addresses of patients treated for major first aid and also a record of the number of patients treated for minor first aid;
BY-LAW 4.14 -THE CLUBHOUSE DIRECTOR shall-
a) be chairperson of the Clubhouse Committee;
b) at all times be subject to direction by the Club Captain
c) be responsible for the general conduct of Members in accordance with the Clubhouse
Rules, the Club By-Laws and Appendix D;
d) call a meeting of the Clubhouse Committee when necessary to review the over-all position of the Clubhouse, catering and accommodation.
BY-LAW 4.15 -THE REGISTRAR shall-
a) at all times be subject to direction by the Club Secretary
b) keep a register of all Members, and make any necessary notation thereon from time to time;
c) keep a register of all examinations and inter and intra-club competition results, together with a register of all patrol activities, including rescues effected and patients treated for first-aid.
BY-LAW 4.16 -THE TEAM MANAGER shall-
a) at all times be subject to direction by the Club Captain
b) prepare and present to the Management Committee a budget covering all financial
matters associated with Club Teams;
c) be responsible for any outfitting and funding in excess of provision made by the Club
Management Committee;
d) submit progress reports regularly to the Management Committee;
e) be responsible for the assembly (after selection), transport, accommodation and general
behaviour of the team;
f) in the case of large financial commitment submit a statement with receipts and invoices within thirty (30) days after the completion of the events;
g) assist with any displays or demonstrations required, where the Club is involved;
h) himself or his appointed proxy attend all official briefings at events where the Club is represented.
BY-LAW 4.17 -THE CADETNOUTH OFFICER shall-
a) be responsible for the supervision of and liaising with members making the transition from Junior Activities Membership and/or for those new members joining the Club under the Cadet Membership category;
b) at all times be subject to the direction of the Club Captain; c) provide educational experiences in a wide range of subjects and skills for members within the cadet/junior ranks; d) in conjunction with the Club Secretary, Captain and Chief Training Officer, co-ordinate all matters pertaining to the responsibilities and obligations of youth membership;
e) assist with the enhancement of membership recruitment and retention through the various age levels;
f) pursue issues and activities of benefit to cadets/youth;
g) foster recognition of the important role youth plays within the Club.
BY-LAW 4.18 -THE JUNIOR ACTIVITIES OFFICER shall-
a) be chairperson of the Junior Activities Committee;
b) be responsible for the conduct and co-ordination of all matters relating to Junior
Activities, refer to Appendix F;
c) in conjunction with the Club Captain and Chief Training Officer provide for Junior Members, an education experience in a wide range of subjects and skills within the aquatic/marine environment;
d) prepare junior members (Nippers) for their eventual transition to the marine and patrol environment of Surf Life Saving;
e) participate in all such activities;
f) be a member of the Club Management Committee; Note: Where the Club appoints a Committee to manage Junior Activities act as its Chairman and shall be responsible for the conduct of that Committee and it's activities refer to Appendix F.
BY-LAW 4.19 -COUNCILLOR (OR ALTERNATE)
a) The Branch Councillor shall be the Club President and shall
(i) attend all Branch Council Meetings as the elected Club representative on that body.
(ii) act as liaison between the Branch and the Club and fully and regularly report to the Club in writing or in person on the Branch activities.
(iii) Appoint an Executive Officer as proxy as and when required.
SECTION 5 Staff & Employees
BY-LAW 5.1 -STAFF APPOINTMENTS
The Management Committee, pursuant to 1/D/4 may appoint an Administrator and/or other paid employees for specific assignments.
BY-LAW 5.2 -THE ADMINISTRATOR
The Administrator is a paid Officer position and subject to the provisions of the Constitution 1/8/3.6(a) and to the directions from time to time of the Council, Management Committee and Executive, he shall:
a) carry out and implement all decisions of the Council Meetings, the Management Committee and the Executive and within the scope of such decisions use his best endeavours to further the policies of the Club and the advancement of Surf Life Saving;
b) co-ordinate the activities of the Club Officers and assist wherever possible or as directed;
c) attend meetings and act as Minute Secretary for all Council General or Special Meetings as well as the Executive and Management Committee Meetings;
d) be responsible to the Secretary (or President in the Secretary's absence) on matters of day to day routine business;
e) be available at all reasonable times for consultation with and assistance in matters which are within the jurisdiction of the Club to the Officers and members;
f) maintain close contact with Branch and the State levels of the Association including regular visits provided that he shall inform the Committee of proposed visits;
g) approach and develop Club donors and sponsors with the assistance of the Executive Officers, and oversee all fund raising activities as directed by the Management Committee;
h) in all aspects of his activities observe and comply with existing procedures of the Club as regards correspondence and communications;
i) prepare and issue notices and agendas for General Meetings of the Council, the Management Committee and the Executive;
j) attend to the preparation and presentation of the Annual Report, or any other prepared matter for Club distribution.
SECTION 6 Committees
BY-LAW 6.1 -GENERAL
a) Composition and membership shall be as prescribed in the respective By-Laws.
b) Membership may be drawn from members of the Club.
c) A member appointed to a Committee shall retain his appointment only whilst he retains his membership of the Club: provided that the Council may, at its discretion, remove any member from membership of a Committee.
d) In the event of the absence of the Chairman from any meeting the meeting shall appoint one of its members to act during such absence.
e) It shall be the duty of the Club Secretary to refer for consideration and recommendation all matters as properly relate to the jurisdiction of each Committee.
f) In the event of any matter coming within the jurisdiction of two or more Committees, the President may direct such Committees to jointly consider and report and/or recommend to the Management Committee thereon.
g) A quorum for a meeting of a Committee shall be a simple majority of the members thereof.
h) A Committee may, at its discretion, co-opt the services of any member of the Club or other person to assist in its deliberations, but such co-opted member or person shall have no voting rights, except as may be determined by the Committee.
i) Reports and recommendations of the Committees shall be presented in writing to the Secretary or appointing body.
BY-LAW 6.2 -JUNIOR ACTIVITIES COMMITTEE
a) Comprise those members interested in:
(i) The conduct and co-ordination of all matters relating to Junior Activities.
(ii) Providing for Junior members an educational experience in a wide range of subject and skills within the aquatic/marine environment.
(iii) Preparing Junior members for their eventual transition to the marine and patrol environment of the Senior movement.
(iv) Participating in such activities.
b) Be represented on the Club Management Committee by the Director Junior Activities.
c) Operate as provided for in Appendix F.
BY-LAW 6.3 -SELECTION COMMITTEE
The Selection Committee shall consist of the Captain, Vice Captain, Chief Training Officer and shall select Patrol Captains and Patrol Vice Captains and teams for all patrol, intra and inter Club competitions and shall notify members of all selections by placing same on the Club Notice Board. Such selections shall be final and binding.
BY-LAW 6.4 -CLUBHOUSE COMMITTEE
The Clubhouse Committee shall consist of the Clubhouse Director and two elected members. It shall be responsible for accommodation and the purchase, preparation and presentation of meals and may roster members for assistance where and when required.
It shall be responsible to the Management Committee for all functions conducted within the Clubhouse and the care and maintenance of the building.
BY-LAW 6.5 -FINANCE & PROPERTY COMMITTEE
The Finance & Property Committee shall comprise the President, Treasurer, Secretary and two other elected members. This committee shall be responsible for the financial well being of the Club its assets and property.
BY-LAW 6.6 -BUILDING COMMITTEE
The Building Committee shall comprise the Treasurer and five other elected members who shall act on and investigate matters relative to the Club's buildings and surrounds when so directed by the Club Management Committee.
BY-LAW 6.7 -SOCIAL COMMITTEE
The Social Committee shall be comprised of the Captain and four (4) elected members. A Social Committee shall organise and account for all social activities of the Club and its members may be drawn from within the Club or from outside supporters. Care should be taken over the use of other than Club members and adequate Club Insurance cover.
BY-LAW 6.8 -MEMBERSHIP COMMITTEE
The Membership Committee shall comprise the Club Captain, two members and shall review, and if necessary interview nominees for membership and shall submit their findings to the Management Committee. This Committee shall also have the power to investigate and penalise, if necessary, patrol defaulters and those accused of misdemeanors provided that such penalties may be the subject of an appeaI1/C/1.7.
BY-LAW 6.9 -JUDICIARY COMMITTEE
The Judiciary Committee shall be appointed by the Council at a General Meeting following a recommendation of persons submitted by the Management Committee and shall comprise a Chairman, a Secretary (who shall keep records of findings and decisions) and three members. It shall funct ion in accordance with the Rules of Procedure attached to the ByLaws as Appendix "A" and act on matters referred to it under By-Law 11.
Note: Executive Officers cannot be members of the Judiciary Committee.
SECTION 7
Procedures and Rules
BY-LAW 7.1 -AUXILIARY ORGANISATIONS
a) The Club may authorise the formation and/or affiliation of auxiliary organisations, e.g. Old Boys Club, Supporters Club, etc.
b) Each organisation's formation and function shall be reviewed annually and shall be compatible with the provisions contained in 1/AJ3 of the Constitution.
c) The Constitution of any such organisation and any amendments thereto shall at all times be subject to the endorsement of the Council.
d) The Club may be represented on any such organisation by an Officer or member of the Club appointed annually for the purpose; and such organisation may by special invitation likewise be represented on the Club.
e) Such organisations shall be registered incorporated bodies subject to 1/AJ2.2.
a) All correspondence from SLSQ to the Club, or from the Club to SLSQ, shall in the first place be transmitted through the Branch and no such correspondence shall be considered and/or attended to by SLSQ unless and until it has been so transmitted; provided that the provisions of this By-Law shall not apply to correspondence which has been copied by SLSQ to the Branch and Club for attention and/or action on the following subject matters:
(i) Government subsidy and/or subsidy returns;
(ii) State or Local Government matters;
(iii) Workers' Compensation, Public Risk and general Insurance matters;
(iv) Large financial investments or borrowings;
(v) Clubhouse buildings, extensions or alterations;
(vi) Cancellation or suspension of membership;
(vii) Purchasing orders;
(viii) Hire of SLSQ gear, equipment or premises;
(ix) Constitutional matters;
(x) Response to Circulars;
(xi) Any other matter which SLSQ or Branch may, from time to time, direct be exempted from this By-Law as a matter of expediency.
BY-LAW 7.2 -CORRESPONDENCE
b) Upon receipt of any correspondence from a Club, which is required to be transmitted through a Branch, the State General Manager shall, at his discretion, either forward such letter to the Branch concerned for appropriate action or return it to the Club concerned for transmission through the Branch .
BY-LAW 7.3 -GOVERNMENTAUDIT
a) The books and accounts of the Club and affiliated auxiliary organisation shall be audited at such intervals as may be required by the appropriate State Government Department or SLSQ, by an approved auditor in the State of Queensland.
b) The appointment of Auditors shall be subject to the approval of SLSQ as regards their suitability for the task.
BY-LAW 7.4 -COLLECTION SANCTION
a) The Club and/or auxiliary organisation shall comply with the provisions relevant Government Acts or any subsequent amendments gazetted from time to time.
b) The Club or Auxiliary Organisation shall comply with the provisions of relevant Government Acts and any subsequent amendments gazetted from time to time.
c) The Club shall make application to the relevant Government Department for entitlement under the "Approved Association Registration". When Registration is approved and a "number" issued, all relevant requirements to maintain Registration shall be complied with in every detail.
BY-LAW 7.5 -FUND RAISING
a) Funding authority is vested in the Management Committee which shall allocate portion of its responsibilities pertaining to specific projects to the Finance and/or Social Committees to maintain, direct and/or develop these projects.
b) The Club is authorized to solicit monetary donation,sell art union ticket by door to door, canvas to any company, firm, newspaper or other business operation or trading or any person within the area of the Club as defined. Similar fund raising shall be permitted outside these areas after prior negotiation and with approval of SLSQ Manager Projects.
c) The area of the Club referred to in (b) above is all that area designated by the Branch.
d) The Branch shall determine, from time to time, areas from within the area prescribed in
(b) above, which shall be referred to as "Club" Fund Raising Areas" and it shall be . incumbent upon the Club to adhere to this area in relation to fund raising activities within the Branch area.
e) In the event of any breach of the foregoing provisions of this By-Law, it shall be a condition of continuance of affiliation and/or membership that the Club, member or group of members concerned shall forthwith surrender to the Branch all such monies, and their right thereto, obtained as a result of such breach and the Branch shall thereupon, at its discretion, determine how, and in what proportions (if any) such monies shall be applied. A right of appeal against any decision shall lie with the Branch.
BY-LAW 7.6 -INSURANCE
a) General It is mandatory that the club and auxiliary organisations hold insurances approved by the Council/SLSQ. In cases where SLSQ has appointed an Insurance Broker, then clubs which do not insure through such Broker shall submit such policies to SLSQ for approval.
b) Personal Accident Insurance
i) Paid Staff and Employees A Workers' Compensation Policy shall be effected by the Club with the Workers' Compensation Board of Queensland to cover all paid staff of the Club. This requirement is to be enacted under State Government legislation.
ii) Members Personal Accident Insurance is granted under the WCB policy to all registered members of Surf Life Saving Queensland (except Junior members aged 7 to 15 years-non BM holders) whilst engaged in Surf Life Saving activities.
Note: Such cover provides for
):( payment of compensation to any member injured during the performance of any of his duties, or on a direct journey to or from his appropriate surf clubhouse for the purpose of fulfilling those duties, or whilst participating in life saving carnivals, carrying out administrative or instructional duties either in Queensland or temporarily in any other State of the Commonwealth of Australia or its dependencies;
):( indemnity in respect to any liability the Association might incur, to pay damages as a result of injury as specified above (except such an injury in respect thereof the Association is required by some other Act to provide against such liability as prescribed by such other Act) or arising under circumstances created also independently of the Workers' Compensation Act, a legal liability in the Association to pay damages in respect of that injury.
iii) Benefits-The benefits applying under the policy are as described in the relevant government act.
iv) Time Limit for Lodgment of Claims –
An injured member or official has to lodge his claim within a prescribed time;
):( if he is unable to work as a result of the injury, he must lodge a claim within six (6) months after the day on which the injury occurred, or the right to compensation was established;
):( if he is able to work but claims medical expenses only, his claim must be lodged within two (2) months of cessation of medical treatment.
):( all claims are to be lodged with the Branch, together with all relevant documents within five (5) days following the date the injury occurred
iii) Junior Members (7-15 years) A Personal Accident Policy shall be affected by SLSQ to cover all financial Junior members (non BM holders). The benefits cover exceptional items (refer Insurance Manual), e.g. death, liability, medical (restricted), dental, ambulance.
vi) Volunteer Workers A Personal Accident Policy shall be arranged by SLSQ to cover all persons engaged in work for the Club and/or who are not eligible for Workers' Compensation. The benefits cover exceptional items (refer Insurance Manual),
e.g. death, liability, medical (restricted), dental, ambulance. A register of workers should be established by the Club for each relevant activity which should be signed by all volunteer workers prior to commencement of work.
c) Public Liability Insurance
i) A Public Liability policy is negotiated to cover SLSQ, its affiliated Branches, Clubs, Auxiliary Organisations and its members against legal action instigated by a member of the public.
ii) Whilst the cover will apply to normal Surf Life Saving activities, separate cover is to be taken out by the Club or Auxiliary Organisation entering into some activity away from their clubhouse or beach, such as a display or fund raising activity where the public are involved.
d) Insurance on Property
i) SLSQ shall negotiate insurance policies to cover loss or damage to its own property, or upon goods in transit destined for one of its affiliated bodies. Reassessments of values shall be carried out regularly.
ii) It is mandatory for all Branches, Clubs and Auxiliary Organisations to hold Insurances with a reputable Insurance Company, and it is a requirement that such policies be submitted to SLSQ for its endorsement to ensure that the protection provided is adequate and serves the interest of the Association.
iii) Branches, Clubs and Auxiliary Organisations shall make their own arrangements with regard to this type of insurance and shall be well advised to reassess values at least every second year
e) Directors and Officers Insurance
i) A Directors & Officers policy is negotiated to cover officers of SLSQ, its affiliated Branches and Clubs, against any claim first made against an officer during the policy period for a wrongful act committed before or during the policy period legal action instigated by a member of the public.
ii) It is noted that this is a claims made policy, e.g. no claim can be made against the policy once it has expired or has been cancelled. Also, if a case exists where a claim may be possible, notification must be given to the Insurance Broker (Alexander & Alexander) at the earliest.
f) Professional Indemnity Insurance
i) A Professional Indemnity policy is negotiated to cover members whilst engaged in the coaching and training of surf lifesavers and the organisation of carnivals and competitive events.
ii) The indemnity covers claims the insured is legally liable to pay for, e.g. breach of professional duty or by reason of any negligent act, error or omission.
BY-LAW 7.7 -FEES AND CHARGES
a) Affiliation fees as determined by the Branch Council shall accompany the Annual appilication form.
b) Examination, Registration and Carnival Entry Fees and other general lifesaving costs for the Club shall be paid as and when directed by the Branch.
BY-LAW 7.8 -AFFILIATION
The Club and its affiliates agree
a) that they are bound by this Constitution and By-Laws and that this Constitution and ByLaws operate to create a single, uniform entity through and by which the objects of the Club and surf life saving are to be conducted, promoted and administered;
b) that should the Club be having administrative , operational or financial difficulties, including but not limited to where the Club
(i) takes or has taken or has instituted against it any action or proceeding, whether voluntary or compulsory, having as its object the winding up of the Club; or
(ii) enters into a composition or arrangement with its creditors, other than a voluntary winding up by members for the purpose of reconstruction or amalgamation; or
(iii) a mortgagee or other creditor takes possession of any of its assets; SLSQ may act to assist the Club in whatever manner it considers appropriate, including, but not limited to the appointment of an administrator
c) where SLSQ considers or is advised that the Club has allegedly:
(i) breached, failed, refused or neglected to comply with a provision of this Constitution and By-Laws or any resolution or determination of the Branch/SLSQ; or
(ii) acted in a manner prejudicial to the objects and interests of the Branch/SLSQ and/or surf life saving; or
(iii) brought SLSQ, any other Branch/Club or surf life saving into disrepute;
the Branch/SLSQ may, after allowing the Club the opportunity to explain, adjudicate and if necessary penalise the Club with such penalty as it thinks appropriate.
BY-LAW 7.9 -HONORARIUM
An Honorarium may be granted to an Officer on the decision of the Management Committee.
BY-LAW 7.10 -DISSOLUTION OF AFFILIATED BODIES
a) The Constitution of every affiliated body shall contain a dissolution clause similar to that set out in 1/E/15 and should any affiliated body fail to make any such specific provision 1/E/15 of this Constitution is deemed to be included in the Constitution of such affiliated body.
b) In the event of any affiliated body becoming inactive, going into recess or having its affiliation terminated, the Club is empowered to require such body to implement the requirements of 1/E/15 regarding dissolution. Should there be no remaining responsible Officers of such affiliated body capable of carrying out the required procedures for dissolution, the Club is empowered by its Constitution to take any necessary action in this regard.
c) Upon the dissolution of an affiliated body in terms of the preceding Clauses, the books, accounts and assets of the affiliated body shall be handed over to or taken possession of by the Club to deal with as it may, in its absolute discretion, see fit.
SECTION 8
Membership
BY-LAW 8.1 -MEMBERSHIP CLEARANCES
a) Any member who desires to join another Affiliated Club but still retain membership of his existing Club(s), and any person who has ceased to be a member of an Affiliated Club but who desires to join another Affiliated Club, shall first obtain from his present Affiliated Club(s) or from the Affiliated Club of which he was last a member, a Clearance Certificate in the prescribed form which shall clearly indicate
~ any awards that may be held by such person;
~ that such person is not in debt in any way to such Affiliated Club(s);
~ that such person is not expelled or under suspension from such Affiliated Club(s);
~ the destination of such person's competition rights.
a) The member desiring the clearance shall obtain the prescribed duplicate controlling authority clearance form , and after entering the relevant details lodge the original with the "losing" Club and the duplicate with the relevant controlling authority.
b) The "losing" Club or its Executive shall, within fourteen (14) days of receiving the original, approve or reject the application and after recording its decision on the application, immediately forward the original with the club's decision to the controlling authority.
c) If the "losing" Club approves the application, the controlling authority shall record the approval on the original form and return same to the member. The duplicate shall be retained by the controlling authority with a notation of the decision.
d) If the "losing" Club objects to the application, the application shall be considered at the next meeting of the controlling authority for a decision. Such controlling authority decisions shall be final. The decision shall be recorded on the original and returned to the member forthwith. The duplicate shall be retained by the authority with a notation of the decision. The "losing" club shall be advised, in writing, of the controlling authority decision.
e) If the controlling authority does not receive a decision or the original form from the "losing" Club within twenty-one (21) days of the receipt of the duplicate form, the application shall be dealt with at the next meeting of the controlling authority for a decision. Any decision made at the meeting shall be final. The "losing" Club and the member shall be advised of such decision in writing .
f) Clearance of transferring members shall automatically take effect from the date when the application is approved by the controlling authority.
BY-LAW 8.2 -COMPETITIVE RIGHTS TRANSFERS
A member of an Affiliated Club who desires to transfer competitive rights to another Affiliated Club during the currency of a competitive season may do so under the following conditions:
a) A member shall not compete in more than one (1) Branch championship and one (1) State Centre championship in the same season.
b) A member desiring a competitive rights transfer shall obtain the prescribed duplicate transfer form, and after entering the relevant details, lodge the original with the "losing" club and the duplicate with the relevant controlling authority.
c) The "losing" club or its Executive shall, within fourteen (14) days of receiving the original, endorse or reject the application, and after recording its decision on the application, immediately forward the original with the club's decision to the controlling authority.
d) If the "losing" club approves the application the controlling authority shall record the approval on the original and return same to the member. The duplicate shall be retained by the controlling authority with a notation of the decision.
e) If the "losing" club rejects the application, the application shall be considered at the next meeting of the controlling authority for a decision and such decisions shall be final. The decision shall be recorded on the original and returned to the member. The duplicate shall be retained by the controlling authority with a notation of the decision. The "losing" club shall be advised in writing of the controlling authority's decision.
f) If the controlling authority does not receive a decision or the original form from the "losing" club within twenty-one (21) days of the receipt of the duplicate form , the application shall be considered at the next meeting of the controlling authority for a decision. Any decision made at the meeting shall be final. The "losing" cub and the member shall be advised of such decision in writing.
g) Transfers of competitive rights shall automatically take effect from the date the application is approved by the controlling authority.
SECTION 9 Club Colours/Badges, Competitive Conditions
BY-LAW 9.1 -COLOURS AND BADGES
a) Each new Affiliated Club shall apply to the State Centre to register its proposed colours \ and badge and competition cap design, which shall be subject to the endorsement of the State Centre and the approval of the Association.
b) Existing Affiliated Clubs' colours, badges and competition cap design shall not be altered without re-endorsement of the State Centre and the approval of the Association.
c) Initial registration of colours and badges is subject to payment of a fee, as is each additional registration. No registration fee shall be payable with the annual club affiliation, unless a change of registration is desired. The registration fee shall be as determined from time to time by the Association.
d) The Association from time to time shall appoint a Cap Registrar who shall be responsible for the administration of this regulation, and who shall maintain a cap colour register.
e) Every three (3) years the CAP Registrar shall update the CAP Register.
f) Miami Beach Colours shall be Maroon and Gold
g) Miami Beach cap shall be gold with two (2) x 12 mm Maroon Stripes
BY-LAW 9.2 -COMPETITIONS
a) The SLSQ shall have power to regulate all competitions between Club, Branches and/or directly affiliated Clubs within its boundaries.
b) The Branch shall have power to regulate competitions between Clubs affiliated with the Branch.
c) Within the limits of their respective jurisdictions, SLSQ and the Branch through their respective Boards of Surf Sports shall have the power to allocate any competition to any affiliated Club, and to appoint Accredited Officials to control such competitions, provided that, in the event of two or more Clubs applying for permission to hold Carnivals or competitions on the same date such matter shall be determined by the State Board of Surf Sports.
d) No Inter-Club competition within the Branch shall be held without the approval of the Branch.
e) The Branch, on a recommendation of the Director Surf Sports, shall appoint Referees, Judges and other Accredited Officials and, subject to the Association's Manuals, may make rules with respect to their powers and duties.
f) No member shall wager or gamble on any competition conducted by State or any affiliated club or branch.
BY-LAW 9.3 -COMPETITIVE RIGHTS, OBLIGATIONS AND QUALIFICATIONS
Members and competitors acknowledge and agree that competing in lifesaving events, contests, carnivals and competitions attracts certain rights and obligations, and requires certain qualifications. In relation to rights, obligations and qualifications the following shall apply: Inherent in membership of SLSA, but subject always to gaining the appropriate qualification as prescribed by SLSA and complying with the competition rules issued by SLSA, is the right to enter, participate in events, contests, carnivals and competitions conducted by SLSA.
a) Members are obliged to ensure they obtain and maintain the appropriate qualifications, including but not limited to, awards, age limits, patrols, proficiency tests, equipment and limiting disabilities, to enable them to enter and participate in events, contests, carnivals and competitions conducted by SLSA.
b) Members acknowledge and agree that should they participate in, and/or use any SLSA equipment in any event, contest, carnival and competition, which has not been licensed, sanctioned or otherwise authorised by SLSA that they will attract disciplinary action under the Regulations which may result in forfeiture of their competitive rights set out in By-Law 9.3 (a) above.
BY-LAW 9.4 -CLUB CHAMPIONSHIPS
a) The Club Championships shall be conducted annually on a date determined by the Club at its Annual General Meeting.
b) The list of events to be conducted at the Championships shall also be decided at the Annual General Meeting. Or as recommended by the Club Chief Training Officer.
BY-LAW 9.5 -TROPHIES, PRIZES AND ELIGIBILITY
In relation to trophies, prizes whether cash or kind and the eligibility of Individual Members representing a section of the Association to compete for or accept such trophies or prizes the following shall apply:
a) The Association shall reserve unto itself the authority to determine, from time to time, conditions relative to the acceptability of trophies or prizes, reimbursement of accommodation, travel and other expenses, and eligibility to compete for trophies or prizes.
b) wagering or gambling on any competition conducted by the Association, State, Branch or Club is not permitted.
c) The Association shall be the authority to approve competitions involving "cash prizes" and therefore any Affiliated Club or other section of the Association wishing to allocate any "cash prizes" for competition events shall seek the approval of their respective Branch, State Centre or in the case of events involving international or interstate competitors, the Association.
d) "Cash prizes" shall not be awarded for any event at an Association, State or Branch championship carnival.
e) "Cash prizes" shall not be made available from Affiliate Club general funds, however, sponsor income may be distributed utilising the club banking account.
Not withstanding the foregoing, sponsors should be strongly encouraged to provide items of lifesaving gear as prizes rather than cash but where "cash prizes" are presented they shall be portrayed as coming direct from the sponsors.
BY-LAW 9.6 -TEAM MANAGEMENT
a) The Club when participating in any carnival or similar function shall appoint a Manager of its competitors and other members of the Club selected to represent and/or assist the Club at such carnival.
b) Every Manager so appointed shall be responsible for the proper conduct of himself and of the members under his control, and attend all briefings.
c) A Manager shall, as far as practicable, remain with the party under his control during the entire period of his managership. In the event of the party under his control separating into sections the Manager shall be responsible for appointing a member of each and every section to act as his Manager of the section.
d) In the case of a carnival or similar function conducted under the control of the Branch, the name of the Manager so appointed shall be notified to the Branch with the Carnival entries, or, at the latest, before the commencement of the carnival.
e) The Manager shall remain in attendance with his team during the course of such carnival or similar function and shall take action to ensure that competitors under his control report to the Check Marshal immediately they are called upon to do so.
f) The Manager shall report to the Carnival Referee or other nominated official whenever called upon to do so by the Carnival Announcer or other authorised official and shall comply with the directions then given him.
SECTION 10
Visits and Tours
In relation to visits and tours by Association Individual Members or teams who shall include all persons who travel with or under the arrangements made by the Association, State Centre, Branch or Affiliated Club, the following directions shall be mandatory requirements.
BY-LAW 10.1 -INTER-CLUBIINTERSTATE VISITS
In relation to affiliated clubs or a member or members of an affiliated club wishing to visit other clubs within Australia, the following shall apply:
a) Visits within a State, Territory or Branch shall be subject to the control of that Centre or Branch providing any such control provides for the appointment of a Manager in all circumstances.
b) With the exception of national surf carnivals, interstate visits shall be subject to advice to SLSQ and Branch by the intending touring party at least twenty-one (21) days prior to such visits.
c) Such advice shall detail the proposed destination and dates of the visit, method of travel, the number intending to travel and the name and address of the Team Manager's who shall be deemed responsible in the event of necessity for future reference.
d) Providing there are no grounds for objection, the State Centre of the intending touring party shall forthwith advise the relevant State Centre/s of the proposed visit to their region.
BY-LAW 10.2 -INTERNATIONAL TOURS POLICY
When individuals or teams are identifiable as Association members by uniform or insignia or the purpose of the tour is to compete in events using Association type equipment or attend Association conferences or matters identifiable with Association activities, then the following policies and conditions apply:
a) At least six months notice of the proposed departure date shall be given by a Club, Branch or State Centre before permission to tour shall be granted, unless under special circumstances as approved by the Australian Council.
b) SLSQ shall not, in any way, be responsible financially for any part of the expenses attributable to any tour by a Club or Branch.
c) Appointment of officials, size and composition of the team and selection policies shall be a matter for the body making the tour, however, the Association strongly recommends the inclusion of Educational Officers in any team to tour overseas.
d) No Club or Branch shall knowingly select in an overseas touring team any member who is under any form of suspension or is financially indebted to any Club, Branch or SLSQ.
e) The Association shall reserve the right to set special conditions under which permission will be granted to a Club, Branch or State team to tour overseas countries in the same season that an Austral ian Representative Team shall be visiting those same countries.
f) At least one month prior to the departure of any Club or Branch team, SLSQ and Australian Council shall be supplied with a copy of the final itinerary, points of contact, full details of the composition of the team, names and addresses of team members and the team manager.
g) Any Club, Branch or State team to tour overseas shall have an appointed Team Manager who will be responsible for all matters concerning the team. In the event of any incident, complaint or otherwise adverse reaction to the team as a whole, or members individually, the manager shall be automatically responsible to the Association and may be called before the Branch, State or Australian Council to face judiciary inquiry and possible disciplinary action.
h) Comprehensive reports and recommendations (if any) on any tour (together with a team photograph wherever possible) must be supplied to SLSQ within ten (10) weeks of the completion of the tour.
i) Adequate insurance policies shall be negotiated in respect of personal accident to and/or sickness of every member of the touring team, loss or damage to the personal effects of team members and to such special life saving and/or display equipment as shall be provided for use on the tour.
BY-LAW 10.3 -INTERNATIONAL TOURS -WITHOUT INVITATION
A Club, Branch or State Centre seeking to tour overseas without having received a specific invitation shall
a) make application to its Branch, SLSQ or Australian Council (whichever is its immediate controlling body) for permission to conduct a tour which shall include the following;
(iii) proposed composition of the team ( a detailed composition of team members, names, capacities, etc., should be supplied as soon as it is completed);
(iv) details of how the tour will be financed including any proposals of sponsorship;
(v) aims and objectives of the tour, having regard to surf life saving;
(vi) an undertaking that the Branch, SLSQ or Association will not in any way be financially responsible for the tour;
(i) proposed itinerary;
(vii) the method of selection to be used.
(ii) duration of the tour;
b) If the application by the club is endorsed at branch level, the branch shall then forward the application to SLSQ requesting endorsement of same and onforwarding to Australian Council, and in the case of an application to tour by a club affiliated directly to SLSQ, SLSQ shall, if it endorses the application, forward same to Australian Council.
c) The Australian Council upon receipt of the application, and if satisfied all conditions have been met, may then seek from the overseas country, district or club concerned, permission for the tour to take place and give the Club, Branch or SLSQ permission to correspond direct with the overseas body.
BY-LAW 10.4 INTERNATIONAL TOURS -WITH INVITATION
A Club, Branch or State Centre seeking to tour overseas after having received a specific invitation shall
a) if the invitation is accepted, make application for permission to conduct the tour, to its Branch, SLSQ and the Australian Council setting out all details as required by the Association's Regulations 7.10.1(c) and 7.10.3(a) accompanied by full details and a copy of the invitation received;
b) if the Branch and/or SLSQ endorse the application, it shall be forwarded to the Australian Council seeking final approval for the tour to be conducted;
c) the Australian Council, upon receipt of the application and having satisfied itself all conditions have been met, may grant permission for the tour to take place and give the Club, Branch or SLSQ permission to correspond direct with the overseas body. Before granting this permission, the Australian Council will ascertain from the national overseas body that the invitation has been endorsed by them;
BY-LAW 10.5 -TOURS TO AUSTRALIA
In relation to tours by overseas Life Saving organisations to a Club, Branch or SLSQ in Australia, the following conditions shall apply:
a) If any Club, Branch or SLSQ wishes to issue an invitation to any overseas lifesaving body to tour in Australia, it must firstly make an application to the Australian Council through its Branch/SLSQ. Such application shall include all details of the proposed tour including accommodation, financial obligations of the host body, proposed itinerary and details of any appointed Liaison Officer/so
b) Branches and/or State Centres receiving such applications shall, before endorsing the application, consider the following
i) the ability of the Club and/or Branch to host such a tour having in mind the membership and financial situation of the hosting Club and/or Branch;
ii) that the proposed visit will not seriously disrupt any programming of the Club, Branch or SLSQ;
iii) that qualifications of the host body's liaison officer/s are satisfactory to properly carry out the required duties;
iv) such tours may be referred to as "domestic tours" and once authority has been given by the applicable Branch, SLSQ and Australian Council these authorities shall not bear any responsibility, financial or otherwise, in connection with the tour.
c) The Australian Council upon receipt of the endorsed application, and provided that all the necessary conditions have been met, will consider the application, and if approved, the Australian Council shall notify the overseas Association concerned. However, the tour should not be considered confirmed until the overseas Association has advised the Australian Council of the invitation's acceptance.
d) Within eight (8) weeks of the completion of any tour by an overseas body, the host Club, Branch or SLSQ shall supply the Australian Council with a comprehensive report detailing the activities and achievements of the tour.
e) Despite a tour being classified as a "domestic tour" it is anticipated that the host Club, Branch or SLSQ will take such opportunities to invite the Branch, SLSQ and the Australian Council representatives to be present at receptions and to be given the opportunity of having discussions with overseas visitors.
SECTION 11
Discipline, Penalties and Appeals (Refer Appendix A)
BY-LAW 11.1 -JURISDICTION
a) The penalising authority for the Club shall be vested in the following
l:! The Council l:! The Management Committee rr The Judiciary Committee l:! The Membership Committee l:! The Carnival or function sub-committee as defined in By-Law 11/11.2/(b) l:! The President
a) Should the Club decide the alleged offence is beyond the responsibility of the Club, the matter may be referred to the Branch for determination.
BY-LAW 11.2 -DISCIPLINE
a) General
i) The SLSQ or Branch may penalise or refer to the Judiciary Committee, any Club or Auxiliary Organisation within its jurisdiction or any member of such, whether a competitor or not, who, in the opinion of SLSQ or Branch has practised or counseled any unbecoming conduct or conduct which reflects upon the good name of the Association or any or all of its Officers, whether at any competition, meeting, function or other activity, or at any other time.
ii) Branches shall have like powers over their Clubs and Club members within their jurisdiction and likewise Clubs and Auxiliary Organisations shall have like powers over their members.
iii) Penalty decisions shall be promptly conveyed in writing to the body or member concerned and it shall be incumbent on such body to give immediate effect to such decision, and to notify SLSQ. Any body failing in any of these requirements may be dealt with by SLSQ.
b) Carnivals/Competitions/Conferences
i) Any Club conducting a carnival, competition, seminar, congress or other Association activity shall advise the Branch of such activity and request the appointment of a Disciplinary Committee.
BY-LAW 11.3 -PENALTIES
a) Without limiting the scope of penalties that may be imposed, the form a penalty may take includes
iv) Expulsion -from "Club Membership" would be applied only as a response to a very serious offence against the Club, the Association or their principles or ideals.
b) Where an individual Club member is suspended by the Club, he shall forfeit either completely or partially, as may be decided, all privileges as a member of an affiliated Club during the period of his suspension. In the case of complete suspension, a member shall forfeit all rights during the currency of his suspension. Partial suspension shall limit such member's participation in inter-Club or Association activities but shall not interfere with his rights as a Club member.
NOTE: Where a Club is suspended, it shall mean the forfeiture of membership and representation of that Club for the period of such suspension. The position of Officers of the Association who are members of a Club at the time of its suspension shall not necessarily be affected by such suspension, nor shall the suspension absolve the Club from any beach patrolling responsibility.
BY-LAW 11.4 -APPEALS
a) Any member penalised by a penalising authority for the Club shall have the right to lodge an appeal against such penalty to the next highest penalising authority within the Club provided that the appeal shall be lodged in writing to Club within fourteen (14) days of the notification of the penalty and shall set out clearly the grounds of the appeal. The appeal shall be placed before the next highest penalising authority within the Club, and shall be dealt with in the following manner-
dismissed and the penalty upheld; l:! dismissed and a heavier penalty imposed; l:! upheld and a lighter penalty imposed; l:! upheld and the appellant exonerated;
a) Any member penalised by the Club shall have the right to appeal to the Branch against the penalty, provided that
i) the appeal shall be allowed only after the party concerned has properly availed itself of any right of appeal to the Club as may be contained in the Constitution of such body;
ii) the appeal shall be made within fourteen (14) days of the imposition of the penalty, or if the party concerned has exercised its right of appeal to the Club within fourteen (14) days of the notification of the decision of such appeal;
iii) the appeal shall be made through the Club who shall forthwith refer the appeal to the Branch, provided that the Club may at the same time submit any representations on the appeal which it may wish to make;
iv) upon the setting of an appeal hearing, the Branch shall either itself or by its Judiciary Committee or by a Committee appointed for the purpose, hear the appeal and communicate its decision in writing to the appellant.
c) Any member penalised by the Club Judiciary Committee may exercise a direct right of appeal to the Branch as provided for in Judiciary Committee Procedures (Appendix A).
BY-LAW 11.5 -REFERENCES
a) In addition to the matters set out in By-Law 11/11.1-11.4 which are of a disciplinary nature, any interested party may submit a reference to SLSQ upon any matter touching the affairs of the Association and its members.
b) The hearing of a reference shall proceed in accordance with Appendix "An to these ByLaws.
c) The hearing of any appeal from a decision on a reference shall proceed in accordance with Appendix "A" to these By-Laws.
APPENDIX "A" JUDICIARY COMMITTEE Rules of Procedure
1. DEFINITIONS In these Rules
1.1 "The Committee" means the Judiciary Committee.
1.2 "Secretary" means the Secretary for the time being of the Judiciary Committee.
1.3 "Member" means a member of the Club subject to the jurisdiction of the Club by which the Committee shall have been appointed.
1.4 "Reference" includes any complaint against a member of the Club brought by any person, and any dispute under this Constitution.
2. JURISDICTION
2.1 Any interested party may submit a reference to the Executive upon any matter touching the affairs of the Club and its members.
2.2 Every reference shall be in writing setting out clearly the matter sought to be investigated by the Executive, and the Executive shall then decide where such reference shall be directed.
2.3 Every reference directed to the Judiciary Committee shall be dealt with by that Committee in the terms of Rule 3 set out below.
2.4 Every person bringing a reference shall have a right to be heard by the Committee provided that
a) he has an interest in the subject matter of the reference; b) his reference is in clear and unambiguous terms.
3. PROCEDURE
The following procedures shall be followed by the Committee having conduct of a reference under Rule 2 hereof:
3.1 Upon receipt of a reference, the Chairman of the Committee or his Delegate may appoint an independent person to act as investigator upon the reference. Such appointment shall be in writing, enclosing a copy of the reference and instructing the investigator to make all relevant enquiries and prepare to assist the Committee within fourteen (14) days.
3.2 The investigator, if appointed, shall make all relevant enquiries and shall appear at the time and place appointed for the hearing by the Secretary of the Committee.
3.3 Upon receipt of a reference the Secretary shall forthwith appoint the time and place for the hearing suitable to the members of the Committee. He shall give at least seven (7) days notice of the hearing to all interested parties and such notice shall be
in or to the effect of the following form
"ABC" SURF LIFE SAVING CLUB
To: .
Dear Sir,
You are hereby notified that a meeting of the Judiciary Committee of this Club will be held at on 19.. at a.m./p.m. to enquire into the following matter, referred to the Committee by the Club.
You are required to be (present) (represented) at that time and place together with such witnesses as you may desire to call.
(Mr/Ms has been appointed pursuant to the Club Constitution as an independent investigator to make all relevant enquiries and to appear to assist the Committee at the hearing.) -Optional
The Secretary will, upon receipt of your request in writing, at least five (5) days before the day appointed for the investigation setting out the names and addresses of members of the Association who you desire to call as witnesses, require such members to be present at the investigation. If the time and place appointed are not suitable to you, you may apply for an adjournment by application in writing, to be in my hands at least three (3) days before the time appointed.
You are not entitled to legal representation as of right but you may apply at the commencement of the enquiry for such representation, and the Committee may grant or refuse such application as it thinks fit. The same provisions shall apply where representation other than legal representation is required.
Yours faithfully,
Secretary Judiciary Committee
3.4 The Committee shall have power to require the attendance of any member at any hearing by the Committee. The Secretary shall give reasonable notice to a member informing him of the time and place of the hearing, and that he is required to attend.
3.5 _ In the case of a complaint against a member of the Club who has been suspended, he shall remain under suspension until the decision of the Committee, unless the Chairman of the Committee decides otherwise.
3.6 The independent investigator if appointed by the Chairman of the Committee shall make enquiries within a reasonable time.
3.7 The Committee shall likewise conduct the enquiry within a reasonable time , subject to any reasonable application for an adjournment in writing and received by the Secretary at least three days before the time fixed for the enquiry.
3.8 No interested party shall be entitled to legal representation as of right at the Committee hearing provided always that an application may be made at the commencement of the hearing for such representation. The Committee may grant or refuse such an application as it sees fit. The same provisions shall apply where an application is made for representation other than legal representation, provided that where a minor (U18) member is charged it shall be mandatory for a parentis or guardian to be invited to attend at all material times, and every effort should be made to encourage these persons to be in attendance in the interests of the minor (U18) member.
3.9 Any notice required by the Rules to be given by the Secretary shall be given in writing delivered personally or sent by prepaid post addressed to the member concerned. A notice given by post shall be deemed to have been given on the day following that on which it shall be posted.
3.10 Any member who fails without reasonable excuse to comply with the requirements of any notice addressed to him by the Secretary shall be subject to such action as the Executive of the Club, shall on the report of the Committee think fit.
4. AT THE HEARING
4.1 All interested parties shall be present at the hearing.
4.2 A quorum of the Committee shall be three (3) members.
4.3 In the case of a complaint against a member, all witnesses other than the member concerned must remain out of the hearing until called upon to give evidence.
4.4 The independent investigator, if appointed, shall be present to assist the Committee.
4.5 The reference to the Committee shall be read by the Chairman.
4.6 The independent investigator, if appointed, shall present relevant evidence, including the calling of witnesses. Any submissions by the investigator, or documentary evidence submitted by him, shall be given whatever weight the Committee thinks fit, subject always to the consideration that oral evidence from a witness may be of more weight than other forms of evidence.
If the independent investigator is not appointed, the Committee itself shall receive the evidence relevant to the reference.
4.7 The person, the subject of the reference shall then present relevant evidence on his/its own behalf.
4.8 In all cases, witnesses called shall be examined by the party (if any) on whose behalf he is called, and then cross-examined by the other interested parties to the reference. The party calling the witness shall have the right to re-examine the witness. The Committee members may ask questions of the witness, but no other examination or cross-examination of that witness shall be allowed except by leave of the Chairman.
4.9 The Committee may, in its discretion, refuse to admit evidence which is irrelevant or of so little weight as to be properly excluded.
4.10 At the conclusion of all the evidence, each interested party and the investigator, if appointed, may make submissions to the Committee in such speaking order as the Chairman may direct. Right of reply by any party shall be at the discretion of the Chairman.
5. AT THE CONCLUSION OF THE HEARING
5.1 The Committee shall meet in camera after the hearing has been completed and if the reference is found to be proved may deliberate upon an appropriate order or penalty.
5.2 The findings of the Committee and the order or penalty agreed upon may be by the majority, with the Chairman having a casting vote in the event of a tied decision. The minority may furnish separate findings, but the majority findings and order or penalty shall be deemed to be the decision of the Committee.
5.3 The Secretary of the Committee shall forthwith give notice of the decision of the Committee to all interested parties, together with notice of any made order or penalty imposed, which upon being confirmed by the appointing authority shall become effective forthwith.
5.4 The Committee shall furnish its report at the first meeting of the appointing authority after the hearing is completed. That authority shall either confirm the decision of the Committee or proceed according to the next succeeding paragraph.
5.5 The decision of the Committee cannot be altered by the appointing authority, but a two-thirds majority of those present and voting at the meeting may return the reference to the Committee for further consideration or the hearing of additional evidence. The grounds of such return of the reference shall be clearly stated.
5.6 A person exonerated by the Committee may start under protest at any Carnival or Association event held before the meeting of the appointing authority at which the Committee's decision is presented for confirmation or return as the case may be.
6. APPEALS
Any person aggrieved by a decision of the Committee may, within twenty-eight (28) days after the decision is conveyed to that person, appeal to the Branch, provided the appeal is lodged with the Branch Secretary, with a copy to the Club in the first instance.
APPENDIX "B" RULES OF DEBATE
1. GENERAL
1.1 The undermentioned Rules shall apply to the conduct of all meetings of the Council, and Committees.
2.1 Whenever the Chairman rises during debate, the member then speaking shall be silent and resume his seat.
2.2 In the case of any remark considered by the Chairman to be offensive or imputing improper motives, the Chairman may call upon a speaker to withdraw and apologise.
2.3 The Chairman may call a member to order. If such member persists in being disorderly, he may call upon such member to withdraw from the meeting.
3.1 Any member desiring to speak shall stand up and address the Chairman.
3.2 If two or more members rise to speak at the one time, the Chairman shall decide which is entitled to priority.
3.3 The meeting may decide that a particular person shall or shall not be heard, provided that a motion of this nature shall not be debated.
3.4 No member shall interrupt another while speaking except to raise to a point of order.
3.5 No speaker shall digress from the subject under discussion.
3.6 No member shall use offensive or unbecoming words.
3.7 During the debate, a member may raise a point of order whereupon the member then speaking shall resume his seat until the point of order has been decided.
3.8 It shall be competent for any member to move a motion of dissent from the Chairman's ruling other than on matters of procedure and points of order. The mover of a motion of dissent shall concisely state his point. The seconder and Chairman only may than speak to the motion; a) At any time during the debate, a member may move "that the question be now
put" provided the Chairman is satisfied that reasonable time for debate of the original motion has been allowed. The motion shall be put without debate -it need not be seconded. This motion may be applied to an amendment, in which case it is the amendment which is immediately put to the vote. It shall not be competent for the mover, seconder or any person who has spoken to the
original motion or amendment to move "that the question be now put".
b) If carried, the original motion shall be put to the vote without further debate except that the mover thereof shall have the right of reply; if lost, the debate may proceed.
c) A member may move the adjournment of the debate to a subsequent meeting. If the motion for adjournment is lost, the mover thereof shall not be allowed to speak again on the question under debate. If carried, the mover shall have the right of resuming the debate at the ensuing meeting and the mover of the original motion shall have the right of reply.
4. MOTIONS AND AMENDMENTS
4.1 Any member proposing a motion or an amendment shall state its nature before addressing the meeting thereon.
4.2 The mover of a motion shall not occupy more than ten minutes nor any other speaker more than five minutes; provided that the meeting may, by resolution, without debate, grant an extension of time to any speaker.
4.3 No member may speak more than once to a motion except with the Chairman's permission, in explanation or reply, or to ask a question provided that he may speak again on any amendment to the motion.
4.4 The mover of a motion's right of reply shall be exercisable at the end of the debate.
4.5 The mover of an original motion must get the consent of his seconder, and the approval of the meeting, before making any alteration to the wording of his motion.
4.6 Any member (other than as provided in Rule 4.7 herein) may move an amendment to a motion, provided it is not a direct negative of the motion proposed.
4.7 The mover or seconder of a motion may not move or second an amendment to it but may speak on any such amendment and vote in favour of it.
4.8 A particular member may move or second one amendment only to each motion, but may speak on amendments moved by others.
4.9 An amendment having been moved, it shall not be competent to move any further amendment, provided that notice may be given of intention to move a further amendment when the previous amendment has been determined. Only one amendment can be considered at the one time.
4.10 If there is an indication of more than one amendment to be brought forward, the mover of the original motion may elect to reply at the end of the debate on the first amendment.
4.11 The mover of an amendment has no right of reply.
4.12 A member who formally seconds a motion or amendment without speaking may speak in support at a subsequent stage of the debate.
4.13 Amendments shall be put to the meeting before the motion is put, and shall be committed to the meeting in the order in which they are received.
4.14 When an amendment is carried the motion as amended becomes the motion before the meeting.
4.15 Motions and amendments can be withdrawn only when a majority of those present at the meeting consent. A motion for withdrawal is open to debate, which however must be confined to the matter of withdrawal.
4.16 If, after a motion has been determined, it is considered in the general interest that the matter should be re-opened for discussion before the termination of the same meeting, the meeting may, by unanimous vote, order its recommittal.
5. VOTING
5.1 Voting shall be by the voices, or at the discretion of the Chairman or at the request of any member, by show of hands or by secret ballot.
5.2 Any member, supported by not less than three others, may call for a division, in which case members shall move to the right or left of the Chairman, as directed by him.
5.3 In the event of a division any member declining to vote shall elect to retire behind the Chairman or have his vote counted in the negative.
5.4 The Chairman may appoint tellers to assist him in counting a vote.
APPENDIX "C"
Patrol Rules
The patrol season shall be as decided by the Branch, annually. The method of patrol duties
shall be determined by the Management Committee prior to the commencement of each
Season.
1. Active Members shall attend patrols as rostered or appointed provided that:
a) Active Cadet Member shall be eligible for duties only commensurate with their qualifications;
b) A member desirous of transferring from one Patrol to another shall do so only with the consent of the Captain of the Club;
c) It shall be permissible to appoint a substitute, when unable to attend, the member appointing such substitute to be responsible in the event of the substitute not attending;
d) Representation at any Carnival as a Selected Competitor or Carnival Official or at any demonstration or meeting of the Association does not constitute attendance and it shall be the responsibility of the individual to arrange substitution in these instances;
e) Exemption for patrol duty may be granted by the Captain in special circumstances but for extended periods of exemption written application shall be made to the Committee who shall decide the issue;
f) At each Meeting of the Management Committee a report, taken from the Patrol Register, shall be tabled by the Club Captain or his deputy indicating any breaches that require investigation as provided for in By-Law 6/6.8.
2. The first Patrol on duty shall see that all lifesaving gear including operational IRB is placed in position on the beach and the last Patrol on duty shall return such gear to the clubhouse or gear room.
3. The Patrol shall assemble in the Club Room five (5) minutes before the appointed hour to commence duty unless it is the first patrol of the day, in which case it shall assemble 15 minutes before the appointed hour.
4. A member who is late for Patrol duty or who misses a Patrol without notifying his Patrol Captain or the Club Captain may be allotted a Penalty Patrol or other duties at the discretion of the Club Captain. Failure to attend penalty patrol incurs automatic suspension until the next Club Meeting.
5. Patrol members shall wear Association Caps and other dress as directed by the Association.
6. Before the Patrol commences duty, the Patrol Captain shall detail the position each man is to take in the event of rescues, allocate qualified IRB personnel to the IRB, and shall detail a member to tower or lookout duty.
7. In the absence of the Patrol Captain the Patrol Vice-Captain shall have like power and authority.
8. Members of Patrol and activities of the patrol are under the control and direction of the Patrol Captain, and members are not allowed to leave the patrolled area unless extenuating circumstances arise and then must first obtain permission from their Patrol Captain.
9. In the event of the Patrol having finished its term of duty, and the succeeding Patrol failing to relieve it, the Patrol Captain shall ensure that an adequate Patrol is maintained, whilst he reports to the Club Captain.
1O. Patrol Captains are held responsible for the efficiency of their Patrols, and are required to record in the Patrol Register the names of absentees from their Patrols, and any irregularity such as being late, leaving early or not being in the regulation dress.
11. Patrol Captains shall regularly test their Patrol on their ability and knowledge of the resuscitation methods and rescue procedures utilising the gear on patrol.
12. A member shall obey his Patrol Captains, either in the actual work of lifesaving, or any other duty associated with the activities of the Patrol within the Club.
13. Clubs are reminded of requirements as per the Association's Memorandum of Association, Articles of Association and Rules & Regulations
Patrol Exemption Policy In relation to Patrol duties the following shall apply:
a) Members, Clubs and the Association generally, must recognise the obligation of all members to perform patrol duties and/or other duties within the Surf Life Saving structure.
b) Exemptions from patrol, or other duties, may only be granted in the most exceptional of circumstances.
c) Clubs may provide exemptions for senior Club Officers, and persons whose Club duties are such that exemption is provided in the Club Constitution and ByLaws or, by special resolution of a General Meeting of the Club.
d) The Association may provide exemption from all -or part -of Club patrol duties for members of the Board of Surf Life Saving, senior Association Officers or, members of Association patrols or rescue services.
e) Under no circumstances shall competitors be granted patrol, or Club duty exemptions, solely upon competition reasons.
f) Any patrol, or duty exemption, granted by a Club -unless those provided for in
(c) and (d) above must be immediately submitted for ratification to the Association (Branch or State) stating names and reasons for exemption.
14. Patrol Captains are required to ensure that the Patrol, Radio and IRB logs are completed.
15. Patrol Captains are to ensure that motorised equipment is driven only by members with the appropriate licences.
NOTE: Providing the spirit of these Rules are not minimised in any manner, Clubs may see fit to provide for their own problems in relation to patrols.
APPENDIX "0" Clubhouse Rules
GENERAL
1. The benefits of Club privileges shall be permitted only to members of the Club and such Association visitors as are approved by the Captain and Clubhouse Director and/or written approval of the Secretary.
2. Preference in allocation of accommodation shall be determined on the following basis:-Active Members, Active Reserve Members, Cadet Members, Life Members, Long Service, Qualified Associates, Award members, visiting Association Members.
3. Cadet Active members shall be permitted to stay in the clubhouse on weekends during the season providing, there are two or more, and a Senior Active Member or Senior Committee member is present. Cadet Active Members shall not be permitted to stay in the clubhouse on weekends during the winter season unless a Senior Active Member or Senior Committee Member is present.
4. Any member who is desiring to stay at the clubhouse other than weekends and Public Holidays, for the 6 weeks of Christmas (Sate School Holidays), and the week before and after Easter. Shall be required to make written application to the Secretary providing at least ten (10) days notice is given and providing that any such privilege shall not be extended beyond three (3) consecutive weeks. Restrictions on Cadet members as per Point 3 above are applicable at all times.
5. Unseemly conduct likely to interfere with the comfort of other members of the Club shall not be tolerated and members are requested to assist in preventing such conduct.
6. Damage occasioned to clubhouse facilities shall be subject to investigation and decision of liability by the Membership Committee.
7. Members shall use their individual efforts in preserving the cleanliness of the Club's quarters.
8. A roster of weekend duties shall be placed on the Notice Board by the Clubhouse Director.
9. Any refusal of clubhouse duties shall be dealt with by the Membership Committee.
10. Bad language shall not be tolerated in the clubhouse.
11. Pets shall not be allowed in the clubhouse.
12. Clubhouse keys shall be in the control of the Club Captain, Clubhouse Director, Secretary and President.
13. Wet costumes shall not be permitted into the sleeping quarters or kitchen nor allowed to remain in the dressing room.
14. Food stuffs shall not be brought onto Club premises or stored or consumed therein except in the kitchen or such other areas as may be designated from time to time by the Committee.
15. All kitchen and cleaning duties shall be completed as soon as possible after completion of meals and shall be done to the satisfaction of the Clubhouse Director.
16. Liquor may only be consumed in the clubhouse at an organised function arranged by the Committee. Or in the Bar room during opening hours.
17. The First Aid Officer, his assistants and patients are the only persons permitted in the First Aid Room. First Aid equipment shall be used for first aid purposes only.
18. Junior (Nippers) members shall be permitted the use of the "Club Room" whilst under the supervision of a Club Official.
BUNK ROOMS
1. The use of clean sheets or sleeping bag and clean pillow case shall be compulsory and members who do not provide themselves with a pillow case, sheets or sleeping bag shall be denied the use of the clubhouse premises.
2. Noise, likely to interfere with the sleeping members will not be tolerated.
3. Main lights in sleeping quarters must be extinguished by 12 midnight.
4. All members shall vacate their bunks by 7 am.
5. Quarters shall be swept, beds made, private clothing and belongings left in an orderly manner by 9 am.
6. All lockers shall be cleared of clothing each weekend. Locker inspections shall be carried out by the Clubhouse Director and/or Club Captain.
7. Eating, Smoking and drinking shall not be permitted in bunkrooms
APPENDIX "E" Gear Rules
1. BOARD & SKI
1.1 Board & Ski owned by the Club or it's members shall be stored under the control of the Board & Ski Officer.
1.2 Members shall not use other members' Board & Ski without prior approval of the owner.
1.3 Members shall not use Club gear without prior approval of the Board & Ski Officer, Gear Steward, Club Captain or Chief Training Officer.
1.4 The Skis and Boards shall never be launched or brought in near the marked surf bathing area or buffer area, nor where bathers are likely to be encountered.
2. SURF BOAT
2.1 The Surf Boat shall not be used for any other purpose than Surf Life Saving and the practice thereof, and the instruction in rowing, except with the permission of the Executive committee.
2.2 No members of the Club shall use the boat unless it is in charge of the Boat Officer, Boat Vice Captain or Club Captain or Vice Captain, except that if these Officers are unavailable, one of them may grant permission to a member of the Club (who in his opinion is qualified to do so) to take charge of a Boat and such member shall be responsible to the Committee for the conduct of the crew and the manner in which the boat is used while it is under his control and for each breach of the Surf Boat By-Laws.
2.3 Save in the case of rescues, no person other than Club members, shall be allowed in a Boat, except with the approval of the Boat Captain or his Deputies.
2.4 The Boat shall not be taken away from the area patrolled by the Club without the special permission of the Executive Committee except for the express purpose of rescuing persons in danger in the vicinity of that area or for training purposes or for Carnivals.
2.5 The Boat and gear shall be housed in the Boat shed provided for that purpose and securely locked up, or a designated storage place approved by the Executive Committee. The Officer last in charge of the Boat each day shall be responsible for its return to the shed/storage place and shall report the Committee in writing any damage to or loss of gear that may have occurred.
2.6 Members, except those on patrol, may be called upon to assist in getting the Boat in and out of the water, and a refusal to do so will be a matter for report to the Committee for action thereon.
2.7 No more than a boat crew of five (5) or less than that number shall be taken in a Boat unless under special circumstances.
2.8 The Boat shall never be launched or brought in near the marked surf bathing area or buffer area, nor where bathers are likely to be encountered.
3. POWER BOAT RESCUE CRAFT
The Power Boat Officer shall.
3.1 be responsible for the general maintenance and up-keep of all powered surf rescue craft and equipment.
3.2 at all times ensure that the IRB is ready for patrols and adequate fuel is on hand.
3.3 in consultation with Club Captain, be in charge of all powered surf rescue craft operations.
3.4 have a IRB in attendance at all examinations where directed by the Club Captain.
3.5 have a IRB in attendance at the buoys on all occasions that surf events or tests are being held.
APPENDIX "F" Junior (Nipper) Activities Committee Rules
1. JUNIOR ACTIVITIES COMMITTEE
a) The Club, at it's Annual General Meeting shall endorse the appointment of a Junior Activities Committee (hereinafter referred to as the JAC), the members of which with the exception of the Chairman shall be elected by the JAC, and be current members of the Club.
b) The Objects and Duties of the JAC shall be:
(i) The responsibility for the conduct and co-ordination of all matters relating to Junior Activities .
(ii) To provide for Junior members an educational experience in a wide range of subjects and skills within the aquatic/marine environment.
(iii) To prepare Junior members for their eventual transition to the marine and patrol environment of the Senior section of the Movement.
(iv) To provide for the instruction and the conduct of examinations of members willing to gain the Junior Achievement Certificate.
(v) To organise, in conjunction with the parent body, the instruction and/or examination of members willing to gain the Resuscitation Certificate, and/or the Surf Life Saving Certificate of the SLSA of A.
(vi) To provide for the instruction and the conduct of examinations of members, aged 14 years or over, willing to gain the Junior Panel of Judges Certificate.
(vii) To provide rules and regulations for the conduct of Junior Activities for members who have attained the age of seven (7) years but who have not attained the age of fourteen (14) years.
NOTE - The age classifications required for various purposes shall be seven
(7) to thirteen (13) years, and shall be the members age as at the 30th September in the ensuing Season. However, a Junior who turns 14 years of age in the then current Season shall be permitted to continue as a Junior for the remainder of the Season.
c) The JAC shall be comprised of: Chairman and officers of the Committee as detailed in Clause (d) (i).
d) Officers
(i) The Officers of the JAC shall consist of all or any of the following -Junior Activities Officer (Chairman), a Deputy Chairman, a Secretary, a Registrar, Recorder, an Activities Co-Ordinator, a Training Officer, Team Manager, a Gear Steward, Age Group Supervisors and a Publicity Officer.
(ii) The Officers with the exception of the Chairman shall be elected at the AGM of the JAC (Refer By-Law 1.2/(a)(b».
e) Delegates:
(i) The Club shall be entitled to be represented at Branch Junior Activities Board Meetings by the Junior Activities Officer. or his proxy.
(ii) When a Delegate is appointed an Officer of the Branch JAB, the Club shall be entitled to appoint a replacement.
(iii) Delegates to the Branch JAB shall hold office until the appointment of their successors. Should they be unable to attend delegates or the body they represent may appoint a proxy who shall be a member of the Club. Such appointment to be in writing and signed by the delegate or the Secretary of the Club.
f) Meetings:
(i) The business of the JAC shall be transacted at the following classes of meetings:
The Annual Meeting which shall be held prior to the Club Annual General Meeting.
Agenda
Ordinary Meetings which shall be held at the discretion of the Chairman or the Committee.
Agenda
h) Elections
(i) Nominations for the Election of Officers shall be in writing and signed by the nominee signifying his willingness to stand for election, and lodged with the Secretary three (3 )weeks prior to the Annual Meeting of the JAC.
(ii) If the number of candidates for any one office exceeds one, a decision shall be determined by secret ballot of the members present, and voting at the meeting.
h) Finance
(i) The Club Treasurer shall receive all monies, issue receipts and bank such monies to the account of the Club to be used for Club endorsed Junior Activities.
(ii) Payment of accounts shall be effected by the Club Treasurer.
(iii) The finance of the JAC shall be supported by means approved by the Club which shall include donations, capitation levies, carnivals, socials and other functions organised for its aid.
i) Competition
(i) The JAC shall have power to regulate all intra-Club competitions providing such competition has been approved by the Club.
(ii) No inter-Club contest or competition shall be held without the approval of the Club and the Branch.
(iii) All Clubs shall nominate the names of Junior Activity carnival officials on the prescribed form and forward the nominations to the Branch Deputy Superintendent· Junior Activities at least one (1) week prior to the relevant carnival date.
(iv) All Junior competitors shall wear protective clothing approved by the Association in all water activities as directed by the Branch.
k) Discipline The conduct of members of the Junior Activities shall be subject to the control of the JAC in the first instance, provided that any disciplinary actions are subject to review by the Club.
I) General
(i) Decisions of the JAC shall be subject to ratification by the Club, and all Junior Activities Committee correspondence, unless otherwise specifically approved, shall be through the Club.
(ii) Any matters not covered in the foregoing shall be in accordance with the current Constitution of the Club, and if not coming within the scope thereof shall be determined by the Branch.
2. OFFICERS AND THEIR DUTIES
The Junior Activities Officer: Shall chair all Meetings of the Committee at which he is present and shall exercise a general supervision over the affairs of the JAC. He shall be an officer of the Club and shall represent the JAC on the Branch JAB. (Refer By-Law 4.18). The Chairman shall, when presiding at a Meeting, have a deliberative and a casting vote.
Deputy Chairman: In the absence of the Chairman, the Deputy Chairman shall
perform all the duties usually undertaken by the Chairman.
Secretary: Shall attend to all the correspondence and attend all Meetings, record the minutes of the Meetings in a Minute Book. He shall issue notices of Meetings and any circulars of matters of interest to the Committee in conjunction with the Club Secretary.
He shall prepare an Annual Report to the Club and submit regular reports to Club
Management.
Training Officer: Shall be the holder of the Junior Panel of Judges Full Member Award and shall be responsible for the training and examination for the Junior
Achievement Awards.
He shall be responsible to and work in conjunction with the Club Chief Training
Officer.
Registrar: Shall be responsible for keeping a true and correct record of the birth dates of all Juniors (nippers), compiling the registration of all competitors for annual submission to the Registrar of the Branch, and provide other relevant information as required.
The Activities Co-Ordinator: Shall prepare programs and work in conjunction with the Junior Activities Officer, Club Captain and Chief Instructor.
The Age Group Supervisors: Shall assist the Training Officer and the Activities CoOrdinator in their duties and act as assistant to the Team Manager during the performance of his duties.
Gear Steward: In conjunction with the Club Gear Steward shall be responsible for all the equipment, making sure such equipment is in good condition and repair and properly housed.
Chief Recorder: The Chief Recorder shall be responsible for keeping a true and correct record of all intra-Club competition results and attendance records of all members.
Publicity Officer: Shall be responsible for the publicity of the Committee, to publish the results of the Committee Activities and Carnivals from time to time as well as points of interest from the Committee Meetings. He shall also work in conjunction with the Club's Publicity Officer.
Delegates to the Branch JAB: Three (3) Delegates one of whom shall be the Junior Activities Officer shall attend all Branch Meetings and report on the proceedings thereof to the next Club and JAC Meetings. Where any matter before the Association has been considered by the Club and a decision given thereon, the delegates shall vote in accordance with such decision.
Team Manager: Shall be responsible for the control and conduct of the competitors and shall submit a team report following each major carnival. He shall record the attendance of the competitors at Carnivals. He shall be responsible for preparing the age competitors and teams as selected by the Selection Committee for their respective events and ensure the competitors are at the Marshalling area at the prescribed time for such events. He shall be responsible for lodging all protests as per the Association Handbook. He shall be assisted by the Age Group Supervisors.
3. TEAM SELECTION
A Sub-Committee comprised of the Chairman, the Training Officer -Junior Activities and the Team Manager shall select the competitors and teams for all inter/intra Club competitions and carnivals and shall place on the notice board a list of such competitors and teams, and may change such list at its discretion and its decision shall be final.
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APPENDIX "G" THE COMMON SEAL
CLUB BADGE
LIFE MEMBERSHIP BADGE
MIAMI BEACH SURF LIFE SAVING SUPPORTERS CLUB CONSTITUTION
1. NAME AND INTERPRETATION
2. OBJECTS
3. POWERS
4. MEMBERSHIP
5. MEMBERSHIP FEES
6. ADMISSION AND REJECTION OF MEMBERS
7. TERMINATION OF MEMBERSHIP
8. APPEAL AGAINST REJECTION OR TERMINATION OF MEMBERSHIP
9. REGISTER OF MEMBERS
10. MEMBERSHIP OF MANAGEMENT COMMITTEE
11. VACANCIES ON THE MANAGEMENT COMMITTEE
12. FUNCTION OF THE MANAGEMENT COMMITTEE
13. MEETING OF THE MANAGEMENT COMMITTEE
14. DELEGATIONIPOWERS OF MANAGEMENT COMMITTEE
15. ANNUAL GENERAL OR GENERAL MEETINGS
16. PROXIES
17. MINUTES OF MEETINGS
18. BY LAWS
19. ALTERATION OF RULES
20. NOTICE OF MOTION
21. MOTIONS TO RESCIND
22. COMMON SEAL
23. FUNDS AND ACCOUNTS
24. DOCUMENTS
25. FINANCIAL YEAR
26. MISCELLANEOUS
27. DISSOLUTION
28. DISTRIBUTION OF SURPLUS ASSETS
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MIAMI BEACH SURF LIFE SAVING SUPPORTERS CLUB INC. THE CONSTITUTION
1-NAME AND INTERPRETATION
1.1 NAME The name of the incorporated Association shall be Miami Beach Surf Life Saving Supporters Club Inc.
The following terms shall have the meanings that are set out against them respectively:
Association The Miami Beach Surf Life Saving Supporters Club Inc.
Club Miami Beach Surf Life Saving Club Inc.
Member Unless otherwise specifically described shall mean Ordinary Members, Foundation Members, Social Members and Temporary Members.
Management Committee The Committee responsible for the control of the business and operations of the Association.
By-Laws Supporters Clubs may make their own e.g. modes of dress etc.
General Meeting Any General Meeting including the Annual General Meeting.
Committee Meeting Meeting of the Management Committee.
1.2 INTERPRETATION In this Constitution:
a) a reference to a function includes a reference to a power, authority and duty;
b) a reference to the exercise of a function includes where the function is a power, authority or duty a reference to the exercise of the power or
authority of the performance of the duty;
c) words importing the singular include the plural and vice versa; d) words importing any gender include the other genders;
e) references to persons include corporations and bodies politic;
f) references to a person include the legal personal representatives, successors and permitted assigns of that person,
g) a reference to a statute, ordinance code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them (whether of the same or any legislative authority having jurisdiction).
h) The specification of the objects and powers of the Association in Clause 3 of this Constitution are not in any particular order and are not to be construed so as to lead to the construction that any object or power is more important than any other object or power, nor than any object or power which is specified in detail is more important that any object or power which has not been specified in detail, and no particular object or power will be limited by reference to any other and the rule of construction known as the ejusdem generis rule shall not apply.
i) If any provision of this Constitution or any phrase contained in it is invalid or unenforceable in any jurisdiction, the phrase or provision is to be read down for the purpose of that jurisdiction. If possible so as to be valid and enforceable and otherwise it shall be severed to the extent of the invalidity or uneforceability, without affecting the remaining provisions of this Constitution or affecting the validity or enforceability of that provision in any other jurisdiction.
2-OBJECTS
The objects for which the Association is established are:
2.1 To conduct fund raising activities on behalf of Miami Beach Surf Life Saving Club Inc.
2.2 To promote, foster, support and encourage the aims and objects of Miami Beach.Surf Life Saving Club Inc. and all matters pertaining thereto.
2.3 To provide for members and for members' guests a "club" with all the usual facilities.
2.4 In furtherance of the objectives of the Association, to apply for and obtain and hold a Registered Club Licence or any other licence or licences or permits under the Liquor Act of Queensland and Law of any other Act or Laws for the time being operative.
2.5 In furtherance of the objects to obtain and hold any licence or permission necessary for and to carry on the business of restaurant cafe keepers and/or sellers of all kinds of goods, provisions, etc. used or desired by members.
2.6 To render aid either financial or by other means to the Club which shall be affiliated with Surf Life Saving Australia.
2.7 To carry on all such activities as may be necessary or convenient for the purposes of the Association or any of them.
2.8 To do all such acts, deeds, matters and things and to enter into and make such agreements as are incidental or conducive to attainment of the objects of the Association or any of them.
3-POWERS
The powers of the Association are:
3.1 To purchase, take on, lease or in exchange, hire and otherwise acquire any lands, buildings, easements or property, real and personal , and any rights or privileges which may be requisite for the purposes of, or capable of being conveniently used in connection with any of the objects of the Association ; provided that in case the Association shall take or hold any property which may be subject to any trusts the Association shall only deal with the same in such manner as is allowed by law having regard to such trusts .
3.2 To subscribe to, become a participant of and co-operate with any other association, club or organisation, whether incorporated or not, whose objects are altogether or in part similar to those of the Association.
3.3 In furtherance of the objects of the Association to buy, sell and deal in all kinds of articles, commodities and provisions, both liquid and solid, for the members of the Association or persons frequenting the Association's premises.
3.4 To enter into any arrangements with any Government or Authority that are incidental or conducive to the attainment of the objects and the exercise of the powers of the Association; to obtain from any such Government or authority any rights, privileges and concessions which the Association may think it desirable to obtain; and to carry out, exercise and comply with any such arrangements, rights, privileges and concessions which the Association may think it desirable to obtain; and to carry out, exercise and comply with any such arrangements, rights, privileges and concessions.
3.5 To appoint, employ, remove or suspend such managers, clerks, secretaries, servants, workmen and other persons as may be necessary or convenient for the purposes of the Association.
3.6 To remunerate any person or body corporate for services rendered, or to be rendered, and whether by way of brokerage or otherwise in placing or assisting to place or guaranteeing the placing of any unsecured noted debentures or other securities of the Incorporated Association, or in or about the Incorporated Association or in the furtherance of its objects.
3.7 To construct, improve, maintain, develop, work, manage, carry out, alter or control any houses, buildings, grounds, works or conveniences which may . seem calculated directly or indirectly to advance the Association's interests, and to contribute to, subsides or otherwise assist and take part in the construction, improvement, maintenance, development, working, management, carrying out, alteration or control thereof providing that any such activities are in accordance with the persuasions of the Club.
3.8 To invest and deal with the money of the Association not immediately required in such manner as may from time to time be thought fit giving preference to the following:
a) Donation of funds to the Club on a monthly basis b) Creation of Contingency Fund
3.9 To print and publish any newspapers, periodicals, books or leaflets that the Association may think desirable for the promotion of its objects.
3.10 In furtherance of the objects of the Association to transfer all or any part of the property, assets, liabilities and engagements of the Association to anyone or more of the Incorporated Associations with which the Association is authorised to amalgamate.
4-MEMBERSHIP
4.1 No person shall be eligible for any class of membership until he has obtained the age of 18 years.
4.2 The membership of the Association shall consist of the following classes of members, and all categories of membership, except Foundation Member, shall be unlimited in numbers:
a) Ordinary Members Ordinary Members' privileges shall be limited only to the extent that eligibility is dependent upon them also being voting members of the Club. An ordinary membership shall automatically revert to that of Social Membership when voting membership of the Club no longer applies to the member.
b) Social Members Social Members shall be entitled only to the social privileges of the Association and to participate in such games, recreation and pastimes as determined by the Committee from time to time but shall not be entitled to vote at any meeting of the Association and shall have either of the following qualifications:
i) be a non-voting member of the Club
ii) payment of a prescribed fee and acceptance by the Management Committee as a social member.
c) Foundation Members Foundation Members shall be entitled to similar privileges as provided for Social Members and in addition shall have suitable visible recognition within the Association's premises. They shall be limited in number as determined by the Management Committee and shall be required to submit a once only fee of $250.00.
d) Life Members Life Members of the Association may be elected from the members of the Association who have rendered special service to the Association, and shall be entitled to similar privileges as provided for Social Members.
e) Temporary Members Temporary Membership may be granted under the following conditions:
i) the person shall be classified in at least one of the following categories
(a) overseas or interstate visitors, for a period of one day at a time only;
(b) intrastate visitors whose principal place of residence is located at least 40 kilometers from the Association premises, for a period of one day at a time only;
(c) members of other "clubs" and their guests (at a limit of 2 guests per member) provided that appropriate reciprocal rights are in force with those "clubs", for a period of one day at a time only;
(d) persons who have made application for full membership who have also paid the prescribed application fee, during the period they are awaiting a decision from the Management Committee, for a period not exceeding 30 days from the date of receipt of such application;
(e) members of other "clubs" who are either the managers or the members of a sporting team visiting the Club for the purpose of taking part in sporting competitions or social functions, for the days of the competitions or functions only.
ii) Before those persons are admitted as Temporary Members they provide to a person appointed by the Association, some adequate form of proof that they fall within at least one of the above categories.
Note: Acceptable forms of proof are as follows:
(a/b) A passport or a Driver's Licence showing the person's principal place of residence or a public transport ticket showing the person's point of embarkation.
(c) A current membership badge or card of a "club" that has appropriate reciprocal rights, or verbal assurance from a member of a "club" who has shown such a badge or card that a person is their guest.
(d) A copy of an application for full membership certified by an official of the Association as being a true copy.
(e) Satisfactory evidence such as a "club" membership badge or card or an invitation to take part in a certain sporting competition or social function.
iii) After an acceptable form of proof is given, those persons may be admitted as "Temporary Members" and the application date, their names and addresses, names of their "clubs" in the case of categories i) (c) and i) (e) above, the category of temporary membership and the expiry date of their temporary membership must be transcribed into the "Temporary Members Register" which shall be in a bound form and each entry separately numbered.
iv) After those details are placed in the "Temporary Members Register" those persons who have been granted temporary membership must be given a "Temporary Membership Card" transcribed with the entry number, category of temporary membership, issue date and expiry date.
(v) All Temporary Members must show their "Temporary Membership Card" when purchasing liquor or when instructed to do so by an Association employee or a member of the Association's Management Committee.
(vi) Temporary Members shall not be entitled to vote at any meeting of the Association.
f) Visiting Members Any person whose principal place of residence is in excess of 40 kilometers from the Association premises, or interstate or overseas, who is a bona fide visitor to the district for any period exceeding 14 days, and who otherwise would be eligible to apply for any other class of membership, may on completion of a prescribed application form and payment of such subscription as determined under Clause 5/5.1, be approved by the President or the Association Manager as a Visiting Member for the purpose of using the Association's amenities. Such members shall not be entitled to vote at any meetings of the Association, nor take part in the administration of the Association's affairs.
g) Renewal of Membership Members of the Association must renew their membership of the Association annually on a common date as decided upon by the Management Committee.
5-MEMBERSHIP FEES
5.1 The membership fees for each class of membership shall be such sum as the members shall from time to time at any General Meeting so determine.
5.2 The membership fees for each class of membership shall be payable at such time and in such manner as the Management Committee shall from time to time determine.
5.3 The membership fees paid to the Club by voting members over the age of 18 years shall automatically entitle those members to ordinary membership of the Association should they so apply.
6-ADMISSION AND REJECTION OF MEMBERS
6.1 The names and addresses of persons proposed as members of the Association, shall be displayed in a conspicuous place in the Club premises for at least a week before their election, and that an interval of not less than two weeks shall elapse between proposal and election of such members.
6.2 Subject to sub-section 6.1 above, at the next meeting of the Management Committee after the receipt of any application and the fee applicable for any class of membership, such application shall be considered by the Management Committee, who shall thereupon determine upon the admission or rejection of the applicant.
6.3 Any applicant who receives a majority of the votes of the members of the Management Committee present at the meeting at which such application is being considered shall be accepted as a member to the class of membership applied for. .
6.4 Upon the acceptance or rejection of an application for any class of membership the Secretary shall forthwith give the applicant notice in writing of such acceptance or rejection.
7-TERMINATION OF MEMBERSHIP
7.1 A member may resign from the Association at any time by giving notice in writing to the Secretary. Such resignation shall take effect at the time such notice is received by the Secretary unless a later date is specified in the notice when it shall take effect on that later date.
7.2 If a member
(i) is convicted of an indictable offence; or
(ii) fails to comply with any of the provisions of the Rules; or
(iii) has membership fees in arrears for a period of two months or more; or
(iv) conducts himself in a manner considered to be injurious or prejudicial to the character or interests of the Association
the Management Committee shall consider whether the member shall be asked to show cause why membership should not be terminated and advise the member accordingly.
7.3 The member concerned shall be given a full and fair opportunity of presenting his case and if the Management Committee resolves to terminate his membership it shall instruct the Secretary to advise the member in writing accordingly.
8-APPEAL AGAINST REJECTION OR TERMINATION OF MEMBERSHIP
8.1 A person whose application for membership has been rejected or whose membership has been terminated may, within one month of receiving written notification thereof, lodge with the Secretary written notice of his intention to appeal against the decision of the Management Committee.
8.2 Upon receipt of a notification of intention to appeal against rejection or termination of membership the Secretary shall convene, within three months of the date of receipt by him of such notice, a General Meeting to determine the appeal. At any such meeting the applicant shall be given the opportunity to fully present his case and the Management Committee or those members thereof who rejected the applicat ion for membership or terminated the membership subsequently shall likewise have the opportunity of presenting their case. The appeal shall be determined by the vote of the members present at such meeting.
8.3 Where a person whose application is rejected does not appeal against the decision of the Management Committee within the time prescribed by these Rules or so appeals but the appeal is unsuccessful, the Secretary shall forthwith refund the amount of any fee paid.
9 -REGISTER OF MEMBERS
9.1 The Management Committee shall cause a Register to be kept in which shall be entered the names of proposed members and the date of proposal , the names , residential addresses and occupations of all persons admitted to membership of the Association and the dates of their admission.
9.2 Particulars shall also be entered into the Register of deaths, resignations, termination and reinstatement of membership and any further particulars as the Management Committee or the members at any General Meeting may require from time to time.
9.3 The Register shall be open for inspection at all reasonable times by any member who previously applies to the Secretary for such inspection .
10 -MEMBERSHIP OF MANAGEMENT COMMITTEE
10.1 The Management Committee of the Association shall consist of a President, Vice-President, Secretary, Treasurer, plus three (3) Committee Members, all of whom shall be Ordinary Members of the Association and voting members of the Club and be elected at the Annual General Meeting or any General Meeting of the Association.
10.2 The Management Committee so elected shall serve until the next Annual General Meeting.
10.3 At the Annual General Meeting of the Association, all the members of the Management Committee for the time being shall retire from office, but shall be eligible for re-election .
10.4 The election of members of the Management Committee shall take place in the following manner:
a) The nomination, which shall be in writing, shall be lodged with the Secretary at least fourteen (14) days before the Annual General Meeting at which the election is to take place.
b) A list of the candidates' names in alphabetical order shall be posted in a conspicuous place in the office or usual place of meeting of the Association for at least seven (7) days immed iately preceding the Annual General Meeting.
c) Balloting lists shall be prepared (if necessary) containing the names of the candidates in alphabetical order, and each Ordinary Member present at the Annual General Meeting shall be entitled to vote for any number of such candidates not exceeding the number of vacancies.
d) Should at the commencement of such meeting , there be an insufficient number of candidates nominated, nominations from ordinary members (see 11.1 above) may be taken from the floor of the meeting .
10.5 Any member of the Management Committee may resign from membership of the Management Committee at any time by giving notice in writing to the Secretary but such resignation shall take effect at the time such notice is received by the Secretary unless a later date is specified in the notice when it shall take effect on that later date, or such member may be removed from office at a General Meeting of the Association where that member shall be given the opportunity to fully present his case. The question of removal shall be determined by the vote of the Ordinary Members present at such a General Meeting.
11 -VACANCIES ON THE MANAGEMENT COMMITTEE
11.1 The Management Committee shall have power at any time to appoint an ordinary member of the Association to fill any casual vacancy on the Management Committee until the next Annual General Meeting.
11.2 The continuing members of the Management Committee may act notwithstanding any casual vacancy in the Management Committee, but if and so long as their number is reduced below the number fixed by or pursuant to these Rules as the necessary quorum of the Management Committee, the continuing member or members may act for the purpose of increasing the number of members of the Management Committee to that number or of summoning a General Meeting of the Association but no other purpose.
12 -FUNCTION OF THE MANAGEMENT COMMITTEE
12.1 Except as otherwise provided by these Rules and subject to resolutions of the Ordinary Members of the Association carried at any General Meeting the Management Committee shall
a) have the general control and management of the administration of the affairs, property and funds of the Association;
b) have authority to interpret the meaning of these Rules and any matter relating to the Association on which these Rules are silent.
12.2 The Management Committee may exercise all the powers of the Association:
a) To establish a Contingency Fund for the purpose of consolidating and enhancing the facilities aimed at achieving the objects of the Association.
b) To, if necessary, borrow money from members at a rate of interest not exceeding interest at the rate for the time being charged by Bankers in Brisbane for overdrawn accounts of money lent, whether the term of the loan be short or long, and to mortgage or charge its property or any part thereof and to issue debentures and other securities, whether outright or as security for any debt, liability or obligation of the Association, and to provide and payoff any such securities.
13 -MEETING OF MANAGEMENT COMMITTEE
13.1 The Management Committee shall meet at least once every two (2) calendar months to exercise its function.
13.2 A special meeting of the Management Committee shall be convened by the Secretary on the requisition in writing signed by not less than one-third of the members of the Management Committee, such requisition shall clearly state the reasons why such special meeting is being convened and the nature of the business to be transacted thereat.
13.3 At every meeting of the Management Committee a simple majority of a number equal to the number of members elected and/or appointed to the Management Committee as at the close of the last General Meeting of the members shall constitute a quorum.
13.4 Subject as previously provided in this Rule, the Management Committee may meet together and regulate its proceedings as it thinks fit,; provided that questions arising at any meeting of the Management Committee shall be decided by a majority of votes and, in the case of equality of votes, the question shall be deemed to be decided in the negative.
13.5 A member of the Management Committee shall not vote in respect of any contract or proposed contract with the Association in which he is interested, or any matter arising thereat, and if he does so vote his vote shall not be counted.
13.6 Not less than fourteen (14) clear days notice, in writing, shall be given by the Secretary to members of the Management Committee of any Special Meeting of the Management Committee. Such notice shall clearly state the nature of the business to be discussed thereat.
13.7 The President shall preside as Chairman at every meeting of the Management Committee, or if at any meeting he is not present within ten minutes after the time appointed for holding the meeting, the Vice-President. In the event of the Vice-President not being present the members may choose one of their number to be Chairman of the meeting.
13.8 If within half an hour from the time appointed for the commencement of a Management Committee meeting a quorum is not present, the meeting if convened upon the requisition of members of the Management Committee shall lapse. In any other case it shall stand adjourned to the same day in the next week at the same time and place, or to such other day and at such other time and place as the Management Committee may determine, and if at the adjourned meeting a quorum is not present within half an hour from the appointed time for the meeting, the meeting shall lapse.
14 -DELEGATION/POWERS OF MANAGEMENT COMMITTEE
14.1 The Management Committee may delegate any of its power to a sub-committee consisting of such members of the Association as the Management Committee thinks fit. Any sub-committee so formed shall, in the exercise of the powers so delegated, conform to any directions that are imposed on it by the Management Committee:
a) A sub-committee shall be required to meet regularly in the course of its duties and submit reports of the sub-committee's activities to the Management Committee.
b) A sub-committee may elect a Chairman of its meetings. If no such Chairman is elected, or if at any meeting the Chairman is not present within ten minutes after the time appointed for holding the meeting, the
members present may choose one of their number to be Chairman of the meeting.
c) A sub-committee may meet and adjourn as it thinks proper. Questions arising at any meeting shall be determined by a majority of votes of the members present, and in the case of an equality of votes, the question shall be deemed to be decided in the negative.
14.2 All acts done by any meeting of the Management Committee or of a subcommittee or by any person acting as a member of the Management Committee shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment of any such member of the Management Committee or person acting as aforesaid, or that the members of the Management Committee or any of them were disqualified, be as valid as if every such person had been duly appointed and was qualified to be a member of the Management Committee.
14.3 A resolution in writing signed by all the members of the Management Committee for the time being entitled to receive notice of a meeting of the Management Committee shall be as valid and effectual as if it had been passed at a meeting of the Management Committee duly convened and held. Any such resolution may consist of several documents in like form, each signed by one or more members of the Management Committee.
15 -ANNUAL GENERAL OR GENERAL MEETINGS
15.1 The first General Meeting shall be held at such time, not being less than one month nor more than three months after the incorporation of the Association, and at such place as the Management Committee may determine. All members are permitted to attend and address any General Meeting of the Association but voting power is restricted to Ordinary Members.
15.2 The Annual General Meeting shall be held within three months of the close of the financial year and the business to be transacted at every Annual General Meeting shall be:
a) The receiving of the Management Committee's report and the Statement of Income and Expenditure, Assets and Liabilities and Mortgages, charges and securities affecting the property of the Association for the preceding financial year.
b) The receiving of the Auditor's Report upon the books and accounts for the preceding financial year.
c) The Election of members of the Management Committee.
d) The appointment of an Auditor.
15.3 The Secretary shall convene a Special General Meeting
a) When directed to do so by the Management Committee; or
b) On the requisition in writing signed by not less than one-third of the members presently on the Management Committee or not less than the number of Ordinary Members of the Association which equals double the number presently on the Management Committee plus one. Such
requisition shall clearly state the reasons such Special General Meeting is being convened and the nature of the business to be transacted thereat; or
c) On being given notice in writing of an intention to appeal against the decision of the Management Committee to reject an application for membership or to terminate the membership of any person.
15.4 At any General Meeting the number of Ordinary Members required to constitute a quorum shall be the number of members presently on the Management Committee plus one:
a) No business shall be transacted at any General Meeting unless a quorum of Ordinary Members is present at the time when the meeting proceeds to business, for the purposes of the Rule, "member" includes a person attending as a proxy.
b) If within half an hour from the time appointed for the commencement of a General Meeting a quorum is not present, the meeting if convened upon the requisition of members of the Management Committee or the Association, shall lapse. In any other case it shall stand adjourned to the same day in the next week at the same time and place, or to such other day and at such other time and place as the Management Committee may determine, and if at the adjourned meeting a quorum is not present within half an hour from the appointed time for the meeting, the Ordinary Members present shall be a quorum.
c) The Chairman may, with the consent of any meeting which a quorum is present (and shall if so directed by the meeting), adjourn the meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. When a meeting is adjourned for thirty (30) days or more, notice of the adjourned meeting shall be given as in the case of an original meeting. Save as aforesaid it shall not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned meeting.
15.5 The Secretary shall convene all General Meetings of the Association by giving not less than fourteen (14) days notice of any such meeting to the members of the Association.
a) The manner by which such notice shall be given shall be determined by the Management Committee; provided that notice of any meeting convened for the purpose of hearing and determining the appeal of a member against the rejection or termination of his membership by the Management Committee shall be given in writing. Notice of a General Meeting shall clearly state the nature of the business to be discussed thereat.
15.6 Unless otherwise provided by these Rules, at every General Meeting:
a) The President shall preside as Chairman, or if there is no President or Vice-President, or if he is not present within fifteen minutes after the time appointed for the holding of the meeting or is unwilling to act, then the members present shall elect one of their number to be Chairman of the meeting.
b) The Chairman shall maintain order and conduct the meeting in a proper and orderly manner.
c) Every question, matter or resolution shall be decided by a majority of votes of Ordinary Members present.
d) Every Ordinary Member present shall be entitled to one vote and in the case of an equality of votes the Chairman shall have a second or casting vote; provided that no Ordinary Member shall be entitled to vote at any General Meeting if his annual subscription is more than one month in arrears at the date of the meeting.
e) Voting shall be by show of hands or a division of Ordinary Members, unless not less than one-fifth of the Ordinary Members present demand a ballot, in which event there shall be a secret ballot. The Chairman shall appoint two members to conduct the secret ballot in such manner as he shall determine and the result of the ballot as declared by the Chairman shall be deemed to be the resolution of the meeting at which the ballot was demanded. .
16 -PROXIES
16.1 An Ordinary Member may vote in person or by proxy by Attorney and on a show of hands every person present who is an Ordinary Member or a representative of an Ordinary Member shall have one vote and in a secret ballot every Ordinary Member present in person or by proxy or by attorney or other duly authorised representative shall have one vote.
16.2 The instrument appointing a proxy shall be in writing, in the common or usual form under the hand of the appointee or of his attorney duly authorised in writing. A proxy may but need not be a member of the Association. The instrument appointing a proxy shall be deemed to confer authority to demand or join in demanding a secret ballot.
16.3 Where it is desired to afford ordinary members an opportunity of voting for or against a resolution the instrument appointing a proxy shall be in the following form or a form as near thereto as circumstances permit:
................................ Association
I, of being an Ordinary Member of the Association, hereby appoint of ......................................... or failing him of .................................... as my proxy to vote for me on my behalf at the (Annual) General Meeting of the Association to be held on the day of
..................... 19....
............................... Signature
This form is to be used * (in favour of/against) the resolution.
* Strike out whichever is not desired. (Unless otherwise instructed, the proxy may vote as he thinks fit).
16.4 The instrument appointing a proxy shall be deposited with the Secretary prior to the commencement of any meeting or adjourned meeting at which the person named in the instrument proposes to vote.
17 -MINUTES OF MEETINGS
17.1 The Secretary shall cause full and accurate minutes of all questions, matters, resolutions and other proceedings of every Management Committee meeting and General Meeting to be entered in a book to be open for inspection at all reasonable times by any financial member who previously applies to the Secretary for that inspection. For the purposes of ensuring the accuracy of the recording of such minutes, the minutes of every meeting shall be signed by the Chairman of that meeting or the Chairman of the next succeeding meeting verifying their accuracy. Similarly, the minutes of every General Meeting shall be signed by the Chairman of that meeting or the Chairman of the next succeeding General meeting.
17.2 Provided that the Minutes of any Annual General Meeting shall be signed by the Chairman of that meeting or the Chairman of the next succeeding General Meeting or Annual General Meeting.
18 -BY-LAWS
The Management Committee may from time to time make, amend or repeal By-Laws,
not inconsistent with these Rules, for the internal management of the Association and
any By-Law may be set aside by a General Meeting.
19 -ALTERATION OF RULES
19.1 Subject to the provisions of the relevant Government Act, these Rules may be amended, rescinded or added to, from time to time by a special resolution carried at any General Meeting; provided that no such amendment, rescission or addition shall be valid unless the same have been submitted to and approved by the relevant Government Departments.
19.2 Notice of the proposed alteration shall be given in the manner provided for Notices of Motion but shall specifically state that it is a notice of proposal to alter the Constitution, either by amending or repealing an existing provision thereof or by adding a new provision.
20 -NOTICE OF MOTION
20.1 Notices of any motion intended to be moved at an Annual General, General or Special Meeting of the Association, shall be given in writing signed by the mover and seconder thereof (who must be members of the meeting to which the Notice of Motion will be referred) to the Secretary at least twenty-eight (28) clear days prior to the date of such meeting and shall be included in the business paper on the notice calling such meeting .
20.2 The meeting may, by ordinary resolution, grant the mover and seconder leave to alter their motion, in a minor way without altering the intention of the motion. No major amendment to the motion will be accepted.
20.3 A motion of which due notice has been given, if unsuccessful, cannot be resubmitted, nor may any other motion having a similar effect be moved at the next meeting of the Association or within six (6) months from the date of its rejection, unless approved by the Management Committee.
21 -MOTIONS TO RESCIND
21.1 A motion to rescind any motion carried at a meeting of the Association or the Management Committee may be considered only at a subsequent meeting of those bodies.
21.2 Notice of Motion to rescind a resolution carried at a previous meeting shall be accepted only on the written resolution of not less than two (2) voting members.
22 -COMMON SEAL
The Management Committee shall provide for a Common Seal and for its safe custody. The Common Seal shall only be used by the authority of the Management Committee and every instrument to which the seal is affixed shall be signed by any two (2) members of the Management Committee, one of whom shall be an Executive member of the Club.
23 -FUNDS AND ACCOUNTS
The funds of the Association shall be banked in the name of the Association in such Bank as the Management Committee may from time to time direct, and when practical a monthly donation of funds to the Club shall be effected. The following provisions shall be required:
23.1 Proper books and accounts shall be kept and maintained either in written or printed form in the English language showing correctly the financial affairs of the Association and the particulars usually shown in books of a like nature.
23.2 All monies shall be banked as soon as practicable after receipt thereof.
23.3 All amounts of fifty dollars or over shall be paid by cheque signed by any two of the Chairman, Secretary, Treasurer or other member authorised from time to time by the Management Committee.
23.4 Cheques shall be crossed "Not Negotiable" except those in payment of wages, allowances or petty cash recoupment which may be open.
23.5 The Management Committee shall determine the amount of petty cash which shall be kept on the Imprest system.
23.6 All the expenditure shall be approved or ratified at a Management Committee meeting.
23.7 As soon as practicable after the end of each financial year the Treasurer shall cause to be prepared a statement containing particulars of:
a) The income and expenditure for the financial year just ended; and
b) The assets and liabilities and of all mortgages, charges and securities affecting the property of the Association at the close of that year.
23.8 All such statements shall be examined by the Auditor who shall present his report upon such audit to the Secretary prior to the holding of the Annual General Meeting next following the financial year in respect of which such audit was made-
a) The income and property of the Association whence so ever derived shall be used and applied solely in promotion of its objects and in the exercise of its powers as set out herein and no portion thereof shall be distributed, paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit to or amongst the members of the Association provided that nothing herein contained shall prevent the payment in good faith of interest to any such member in respect of monies advanced by him to the Association or otherwise owing by the Association to him or of remuneration to any officers or servants of the Association or to any member of the Association or other person in return for any services actually rendered to the Association provided further that nothing herein contained shall be construed so as to prevent the payment or repayment to any member of out of pocket expenses, money lent, reasonable and proper charges for goods hired by the Association or reasonable and proper rent for premises demised or let to the Association.
b) No member shall be entitled to any benefit or advantage from the Association which is not shared equally by every member thereof.
24 -DOCUMENTS
The Management Committee shall provide for the safe custody of books, documents, instruments of title and securities of the Association.
25 -FINANCIAL YEAR
The financial year of the Association shall close on 30 June in each year.
26 -MISCELLANEOUS
26.1 No visitor shall be supplied with liquor on the Association's premises unless on the invitation of and in the company of a member.
26.2 No liquor shall be sold or supplied to any person under eighteen years of age and no such person shall have or consume any liquor upon the Association's premises.
26.3 No person other than the Association or its members shall directly or indirectly derive any profit or advantage from the fact that the Association is or may be registered in accordance with the provision of the relevant Government Act as amended from time to time.
26.4 No payment shall be made to an officer or employee of the Association of any amount by way of commission or allowance calculated by reference to the quantity of liquor sold or supplied by the Association or the receipts of the Association for such liquor.
27 -DISSOLUTION
The Association shall be dissolved only with the consent of three-fourths of the Officers and voting members present at a Special Meeting called for that purpose, notice of which must be posted to Officers and members at least twenty-eight (28) days prior thereto, and advertised in the major regional newspaper, at least once in each of the two (2) consecutive weeks immediately preceding such meeting.
28 -DISTRIBUTION OF SURPLUS ASSETS
If the Association shall be wound up in accordance with the provisions of the relevant Government Act, and there remains, after satisfaction of all its debts and liabilities and property whatsoever, the same shall not be paid to or distributed among the members of the Association but shall be given or transferred to Miami Beach Surf Life Saving Club Inc. or if that Club has ceased to exist to some other institution or institutions which have similar objects to the objects of the Association, and which shall prohibit the distribution of its or their income and property among its or their members to the extent at least as great as is imposed on the Association under or by virtue of Rule 23.8 such institution or institutions to be determined by the members of the Association.
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