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Constitution

Model Rules for the Incorporation of Associations
as amended for

Brighton Seagulls Junior Rugby League Football Club Inc

According to the Association Incorporation Act, 1984 – Regulation 1994, Clause 8

Adopted at the Annual General Meeting held on 21st November 2004

PART 1- PRELIMINARY

1. NAME

The name of the incorporation is the Brighton Seagulls Junior Rugby League Football Club (in these rules known as the association).

1a. DEFINITIONS

(1) In these rules:

“ordinary members” means:

A member of the committee who is not an office-bearer of the association, as referred to in

rule 14 (2);

“secretary” means:

(a) the person holding office under these rules as secretary of the association; or

(b) if no such person holds that office – the public officer of the association;

“special general meeting” means:

A general meeting of the association other than an annual general meeting;

“the Act” means:

The Associations Incorporation Act 1984;

“the Regulation” means:

The Associations Incorporation Regulation 1994.

(2) In these rules:

(a) reference to a function includes a reference to a power, authority and duty; and

(b) a reference to the exercise of a function includes, if the function is a duty, a reference

to the performance of the duty.

(3) The provisions of the Interpretation Act 1987 apply to and in respect of these rules in the same

manner as those provisions would also apply if these rules were an instrument made under the

Act.

PART II – MEMBERSHIP

2. MEMBERSHIP QUALIFICATIONS

A person is qualified to be a member of the association if, but only if:

(a) the person is a person referred to in section 15 (1) (a), (b) or (c) of the Act and has not

ceased to be a member of the association at any time after incorporation of the

association under the Act; or

(b) the person is a natural person:

(i) who has been nominated for membership of the association as provided by rule 3; and

(ii) who has been approved for membership of the association by the committee of

the association.

3. NOMINATION FOR MEMBERSHIP

(1) A nomination of a person for membership of the association:

(a) must be made by a member of the association in writing in the form set out in Appendix 1

to these rules; and

(b) must be lodged with the secretary of the association.

(2) As soon as practicable after receiving a nomination for membership, the secretary must refer

the nomination to the committee which is to determine whether to approve or reject the

nomination.

(3) If the committee determines to approve a nomination for membership, the secretary must, as

soon as practicable after that determination, notify the nominee of that approval and request

the nominee to pay (within the period of 28 days after receipt by the nominee of the

notification) the sum payable under these rules by a member as entrance fee and annual

subscription.

(4) The secretary must, on payment by the nominee of the amounts referred to in clause (3) within

the period referred to in that clause, enter the nominee’s name in the register of members and,

on the name being so entered, the nominee becomes a member of the association.

3a. LIFE MEMBERSHIP

(1) For office bearers and ordinary members to receive life membership, the office bearer or

ordinary member shall have had five (5) successive years service, if the office bearer or

ordinary member was on the inaugural general committee or having ten (10) successive years

service, if not on the inaugural general committee, of the general committee.

(2) An office bearer or ordinary member can also receive life membership if that office bearer or

ordinary member has given twelve (12) years service in all and not necessarily in succession.

(3) A person can receive life membership if that person has given ten (10) years service in

succession to the association as a senior player (16 years) or team official or combination of

both.

(4) A player can receive life membership if that player has played two hundred and fifty (250)

games for the association in addition to having played a minimum of thirteen (13) seasons and

be over the age of eighteen (18).

(5) A player can receive life membership if that player has played the majority of his international

football with the association and then succeeds to be selected to play rugby league for his

country.

(6) Life membership selection must be carried by three-fifths majority of votes at the annual

general meeting of the association.

(7) Nominations for life membership will close prior to the pre-annual meeting of that year and will

be considered by a special committee elected at the pre-annual meeting, comprising of five (5)

members of the general committee, who shall be selected as having the best credentials for

such a task.

(8) Nominations for life membership must be in writing and shall be signed by two (2) members of

the general committee in office.

(9) No more than two (2) life members shall be elected each year. The name/names decided upon

by the special committee and then submitted to the annual general meeting for final adoption.

(10) Life membership shall entitle the holders to vote at any meeting called by the general committee

of the association, excluding special meetings of the Executive.

4. CESSATION OF MEMBERSHIP

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

(a) dies; or

(b) resigns membership; or

(d) fails to pay their annual membership fee by 31st July of the year that the

membership fee is due and payable.

5. MEMBERSHIP ENTITLEMENTS NOT TRANSFERABLE

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

(a) is not capable of being transferred or transmitted to another person; and

(b) terminates on cessation of the person’s membership.

6. RESIGNATION OF MEMBERSHIP

(1) A member of the association is not entitled to resign that membership except in accordance

with this rule.

(2) A member of the association who has paid all amounts payable by the member to the

association in respect of the member’s membership may resign from membership of the

association by first giving to the secretary written notice of at least one month (or such other

period as the committee may determine) of the member’s intention to resign and, on the

expiration of the period of notice, the member ceases to be a member.

(3) If a member of the association ceases to be a member under clause (2), and in every other

case where a member ceases to hold membership, the secretary must make an appropriate

entry in the register of members recording the date on which the member ceased to be a

member.

7. REGISTER OF MEMBERS

(1) The public officer of the association must establish and maintain a register of members of the

association specifying the name and address of each person who is a member of the association

together with the date on which the person became a member.

(2) The register of members must be kept at the principal place of administration of the

association and must be open for inspection free of charge, by any member of the association at

any reasonable hour.

8. FEES AND SUBSCRIPTIONS

(1) A member of the association must, on admission to membership, pay to the association a

(2) In addition to any amount payable by the member under clause (1), a member of the association

must pay to the association an annual membership fee of $2 or, if some other amount is

determined by the committee, that other amount.

(3) All players of the association who take the field of play will be required to pay a registration

fee. This fee will be decided by the general committee prior to the first registration date each

season.

9. MEMBERS’ LIABILITIES

The liability of a member of the association to contribute towards the payment of the debts and liabilities of the association or the costs, charges and expenses of the winding up of the association is limited to the amount, if any, unpaid by the member in respect of membership of the association as required by rule 8.

10. RESOLUTION OF INTERNAL DISPUTES

Disputes between the members (in their capacity as members) of the association, and disputes between members and the association, are to be referred to a community justice centre for mediation in accordance with the Community Justice Centres Act 1983.

11. DISCIPLINING OF MEMBERS

(1) A complaint may be made by any member of the association that some other member of the

association:

(a) has persistently refused or neglected to comply with a provision or provisions of these

rules; or

(b) has persistently and willfully acted in a manner prejudicial to the interests of the

association.

(2) On receiving such a complaint the committee:

(a) must cause notice of the complaint to be served on the member concerned; and

(b) must give the member at least 14 days from the time the notice is served within which to

make submissions to the committee in connection with the complaint; and

complaint.

(3) The committee may, by resolution, expel the member from the association or suspend the

member from membership of the association if, after considering the complaint and any

submissions made in connection with the complaint, it is satisfied that the facts alleged in the

complaint have been proved.

(4) If the committee expels or suspends a member, the secretary must, within 7 days after the

action is taken, cause written notice to be given to the member of the action taken, of the

reasons given by the committee for having taken that action and of the member’s right of

appeal under rule 12.

(5) The expulsion or suspension does not take effect:

(a) until the expiration of the period within which the member is entitled to appeal

against the resolution concerned; or

(b) if within that period the member exercises the right of appeal, unless and until the

association confirms the resolution under rule 12 (4), whichever is the later.

12. RIGHT OF APPEAL OF DISCIPLINED MEMBER

(1) A member may appeal to the association in general meeting against a resolution of the

committee under rule 11, within 7 days after notice of the resolution is served on the member,

by lodging with the secretary a notice to that effect.

(2) The notice may, but need not be accompanied by a statement of the grounds on which the

member intends to rely for the purposes of the appeal.

(3) On receipt of a notice from a member under clause (1), the secretary must notify the

committee, which is to convene a general meeting of the association to be held within 28 days

after the date on which the secretary received the notice.

(4) At a general meeting of the association convened under clause (3):

(a) no business other than the question of the appeal is to be transacted; and

(b) the committee and the member must be given the opportunity to state their

respective cases orally or in writing, or both; and

the resolution should be confirmed or revoked.

(5) If at the general meeting the association passes a special resolution in favour of the

confirmation of the resolution, the resolution is confirmed.

PART III – THE COMMITTEE

13. POWERS OF THE COMMITTEE

The committee is to be called the committee of management of the association and, subject to the Act, the Regulation and these rules and to any resolution passed by the association in general meeting:

(a) is to control and manage the affairs of the association; and

(b) may exercise all such functions as may be exercised by the

association, other than those functions that are required by these

rules to be exercised by a general meeting of members of the

association; and

to the committee to be necessary or desirable for the proper

management of the affairs of the association.

14. CONSTITUTION AND MEMBERSHIP

(1) Subject in the case of the first members of the committee to section 21

of the Act, the committee is to consist of:

(a) the office-bearers of the association (executive); and

(b) 9 ordinary members, each of whom is to be elected at the annual

general meeting of the association under rule 15.

use their discretion to increase the number of ordinary members of

the general committee to a maximum of thirteen (13).

(2) (a) The office-bearers (executive) of the association are to be:

(a) the president;

(b) the treasurer; and

(b) the ordinary members of the association are to be:

(a) the snr vice-president

(b) the 8 vice-presidents; or

bearers (executive) of the association in terms of rule

14. (1) (c).

(3) Each member of the committee is, subject to these rules, to hold office

until the conclusion of the annual general meeting following the date of

the member’s election, but is eligible for re-election.

(4) In the event of a casual vacancy occurring in the membership of the

committee, the committee may appoint a member of the association to

fill the vacancy and the member so appointed is to hold office, subject to

these rules, until the conclusion of the annual general meeting next

following the date of the appointment.

15. ELECTION OF MEMBERS

(1) Nomination of candidates for election as office-bearers of the

association or as ordinary members of the committee must be delivered

to the secretary of the association on or before the date fixed for holding

of the pre annual general meeting of the annual general meeting at which

the election is to take place.

(2) If insufficient nominations are received to fill all vacancies on the committee, the candidates

nominated are taken to be elected and further nominations are to be received at the annual

general meeting.

(3) If insufficient further nominations are received, any vacant positions

remaining on the committee are taken to be casual vacancies.

(4) If the number of nominations received is equal to the number of

vacancies to be filled, the persons nominated are taken to be elected.

(5) If the number of nominations received exceeds the number of the

vacancies to be filled, a ballot is to be held.

(6) The ballot for the election of office-bearers and ordinary members of the

committee is to be conducted at the annual general meeting in such usual

and proper manner as the committee may direct.

(7) Delegates to the St George J.R.L.F.C. meeting for the ensuing season

will be elected at the first general meeting.

16. SECRETARY

(1) The secretary of the association must, as soon as practicable after being

appointed as secretary, lodge notice with the association of his or her

address.

(2) It is the duty of the secretary to keep minutes of:

(a) all appointments of office-bearers and members of the committee;

(b) the names of members of the committee present at a committee

meeting or a general meeting; and

(3) Minutes of proceedings at a meeting must be signed by the chairperson

of the meeting or by the chairperson of the next succeeding meeting.

17. TREASURER

(1) It is the duty of the treasurer of the association to ensure:

(a) that all money due to the association is collected and received and

that all payments authorised by the association are made; and

(b) that the correct books and accounts are kept showing the financial

affairs of the association, including full details of all receipts and

expenditure connected with the activities of the association.

presented at each general meeting.

18. CASUAL VACANCIES

(1) For the purpose of these rules, a casual vacancy in the office of a

member of the committee occurs if the member:

(a) dies; or

(b) ceases to be a member of the association; or

the Corporations Law; or

(d) resigns office by notice in writing given to the secretary; or

(e) is removed from office under rule 19; or

(f) becomes a mentally incapacitated person; or

(g) is absent without the consent of the committee from all meetings

of the committee held during a period of 6 months; or

(h) is absent from three consecutive meetings without citing an

apology.

19. REMOVAL OF MEMBER

(1) The association in general meeting may by resolution remove any

member of the committee from the office of member before the

expiration of the member’s term in office and may by resolution appoint

another person to hold office until expiration of the term of office of the

member so removed.

(2) If a member of the committee to whom a proposed resolution referred to

in clause (1) relates makes representations in writing to the secretary or

president (not exceeding a reasonable length) and requests that the

representations be notified to the members of the association, the

secretary or the president may send a copy of the representations to each

member of the association or, if the representations are not so sent, the

member is entitled to require that the representations be read out at the

meeting at which the resolution is considered.

20. MEETINGS AND QUORUM

(1) The committee must meet at least 3 times in each period of 12 months

at such place and time as the committee may determine.

(2) Additional meetings of the committee may be convened by the president

or by any member of the committee.

(3) Oral or written notice of a meeting of the committee must be given by

the secretary to each member of the committee at least 48 hours (or

such other period as may be unanimously agreed on by the members of

the committee) before the time appointed for the holding of the

meeting.

(4) Notice of a meeting given under clause (3) must specify the general

nature of the business to be transacted at the meeting and no business

other that that business is to be transacted at the meeting, except

business which the committee members present at the meeting

unanimously agree to treat as urgent business.

(5) Any 6 members of the committee constitute a quorum for the transaction

of the business of a meeting of the committee.

(6) No business is to be transacted by the committee unless a quorum is

present and if, within half an hour of the time appointed for the meeting,

a quorum is not present, the meeting is to stand adjourned to the same

place and at the same hour at a future date.

(7) If at the adjourned meeting a quorum is not present within half an hour

of the time appointed for the meeting, the meeting is to be dissolved.

(8) At a meeting of the committee:

(a) the president or, in the president’s absence, the vice-president is

to preside; or

(b) if the president and the vice-president are absent or unwilling to

act, such one of the remaining members of the committee as may

be chosen by the members present at the meeting may preside.

21. DELEGATION BY COMMITTEE TO SUB-COMMITTEE

(1) The committee may, by instrument in writing, delegate one or more

sub-committees (consisting of such member or members of the

association as the committee thinks fit) the exercise of such of the

functions of the committee as are specified in the instrument, other

than:

(a) this power of delegation; and

(b) a function which is a duty imposed on the committee by the Act or

by any other law.

(2) A function, the exercise of which has been delegated to a sub-c