…………………………….

 

Constitution of the Cambridge

 

Bowling & Recreation Club Inc.

 

 

CONTENTS

PART A                                                                                                                                PAGE

1.        NAME   .............................................................................................. 5

2.        OBJECTS.......................................................................................... 5

3.        DEFINITIONS .................................................................................5

4.        PROPERTY AND INCOME......................................................... 6

4.1           Powers                                                                              6-7

4.2           Winding Up                                                                      7

4.3            Disposal of Assets                                                          7

4.4            Commissioner of Taxatio                                    7

PART B

5.        MEMBERSHIP..................................................................................... 8

           5.1   Club Patron                                                                                   8

           5.2   Full Member                                                                                 8

           5.3   Honorary Life Member                                                            8

                         5.4   Restricted Member                                                                    8

                         5.5   Social Member                                                                             9

                         5.6   Student Member                                                                         9

                         5.7   Junior Member                                                                             9

                         5.8   Dual Member                                                                                9

                         5.9   Honorary Member                                                                      9

                         5.10Temporary Member                                                                   10

6.        MEMBERSHIP FEES.............................................................................10

6.1      Subscriptions                                                                             10

6.2      New Members                                                                          10

6.3      Capitation and Levies                                                            10

6.4      Unfinancial Members                                                           10

6.5      Special Circumstances                                                           10

7.        LEVIES.........................................................................................................11

8.        CLUB YEAR...............................................................................................11

9.        APPLICATIONS FOR MEMBERSHIP...............................................11

10.      REGISTER OF MEMBERS......................................................................11

11.      RESIGNATION FROM MEMBERSHIP................................................11

12.      GUESTS..........................................................................................................11-12

PART C

13.        MANAGEMENT.........................................................................................13

13.1    Executive Committee                                                                  13

13.2    Selection Committees                                                                 13

13.3    Captain                                                                                             13-14

13.4    Match Committees                                                                       14

13.5    Duties of Match Committees                                                    14

13.6    Finance Committee                                                                      14

13.7    Standing Committees                                                                  14

13.8    Management Committee                                                           14

14.        BALLOT PROCEDURE............................................................................ 14

14.1    Order of Election                                                                            15

14.2    General Election                                                                             15

14.3    Voting Procedure                                                                          15-16

14.4    Informal Votes                                                                               16-17

14.5    Scrutineers                                                                                       17

14.6    Casual Vacancies                                                                            17

15.         AUDITOR.......................................................................................................17

16.          HONORARIUM..........................................................................................18

17.           MEETINGS OF EXECUTIVE COMMITTEE.......................................18

18.           POWERS OF EXECUTIVE COMMITTEE...........................................19

19.            RESIGNATION OF EXECUTIVE COMMITTEE...............................19

20.           STANDING COMMITTEES.....................................................................20

21.            DUTIES OF OFFICERS.............................................................................20

                 21.1   President                                                                                           20

                 21.2   Vice President                                                                                20

                 21.3   Secretary                                                                                          20

                 21.4   Treasurer                                                                                           21

PART D

22.            INTERPRETATION OF RULES............................................................22

23.            AMENDMENT OF RULES.....................................................................22-23

24.             ANNUAL GENERAL MEETING.........................................................23

25.              CONDUCT OF THE ANNUAL GENERAL MEETING.........23

26.              SPECIAL GENERAL MEETING..........................................................24

27.              NOTICES.....................................................................................................24

PART E

28.              MISCONDUCT.........................................................................................25

29.               PENALTIES..............................................................................................25-26

30.               PROCEDURES FOR A CHARGE OF MISCONDUCT........26

31.                APPEAL.....................................................................................................27

PART F

32.                COMMON SEAL....................................................................................28

33.                TRUSTEES..............................................................................................28

34.                CLUB LICENCE......................................................................................28

35.                 BANK/INVESTMENTS......................................................................28

36.                 EMPLOYEES..........................................................................................28-29

37.                  INDEMNITY...........................................................................................29

            

 

PART “A”

 

1.         NAME

The name of the Club shall be the CAMBRIDGE BOWLING & RECREATION CLUB INC.

 2.        OBJECTS

The objects of the Club shall be:

(a)       to foster the game of lawn bowls, and promote social and recreational fellowship amongst members;

(b)       to affiliate with the Royal Western Australian BowlingAssociation (Inc). (“RWABA”). The members shall recognise and accept the RWABA Constitution, Rules & By-laws and shall make all decisions consistent therewith. All games of lawn bowls shall be played according to the Constitution, By-laws and laws of the game currently recognised by the RWABA.

3.         DEFINITIONS

In construing this Constitution, unless the context or such otherwise indicates or requires:

(a)       “Act” means the Associations Incorporation Act 1987.

(b)       “Club” means the Cambridge Bowling & Recreation Club Inc;

(c)       “Club Premises” means all land and buildings and structures thereon of which the Club is the bona fide occupier;

(d)      “Committee” means the Executive Committee for the Club duly elected for the time being in accordance with these Rules;

(e)    “Liquor Act” means the Liquor Control Act together with any other legislation relating to the dealing with liquor or        licensed premises, which shall be applicable to the Club.

(f)         “Rules” means this Constitution and Rules;

(g)       “RWABA” includes its trading name of Bowls WA;

(h)       “Secretary” means the Secretary for the time being of the Club and includes any deputy or person temporarily fulfilling the office of Secretary;

(i)        “Treasurer” means the Treasurer for the time being of the Club and includes any deputy or person temporarily fulfilling the office of Treasurer.

 

4.         PROPERTY AND INCOME

The Club shall:

(a)     ensure that the property and income of the Club shall be applied solely towards the promotion of the Objects of    the Club and no part of that property or income may be paid or otherwise distributed, directly or indirectly, to members of the Club, except in good faith in the promotion of those objects or purposes;

(b)       provide and maintain bowling greens, buildings, grounds and such amenities as shall be deemed necessary from time to time for the use and accommodation of its members in accordance with the Objects of the Club;

(c)       maintain a Club Licence under the Liquor Act;

(d)    ensure that the terms of the lease agreement entered into with the Town of Cambridge in respect to the Club’s premises at 39 Chandler Ave Floreat are observed and conditions fulfilled, and negotiate such variations and renewals as may be appropriate.

(e)       as deemed necessary by a resolution at an Annual or Special General Meeting, borrow money by way of loan or overdraft or by the issue of debentures to carry out the work or activities of the Club; 

(f)        not be responsible for the loss of or damage to any article whatsoever brought into the Club Premises by members or visitors;

(g)       prohibit a member, or a guest of a member, without authority, to injure or destroy any of the property of the Club, and any loss or damage resulting from any breach of this Rule shall be made good by such member to the satisfaction of the Committee. The Committee shall assess the amount to be paid by the member and that assessment shall be final and conclusive;

4.1      Powers

The Club may do all the things necessary or convenient for carrying out its objects and purposes, and in particular may:

(a)    acquire, hold, deal with, and dispose of any real or personal property;

          (b)    open and operate bank accounts;

          (c)    invest its money-

                    (i) in any security in which trust monies may lawfully be invested or

                    (ii) in any other manner authorised by the rules of the Club;

(d)    borrow money upon such terms and conditions as the Club thinks fit;

(e)    give such security for the discharge of liabilities incurred by the Club as the Club thinks fit;

(f)    appoint agents to transact any business of the Club on its behalf;

(g)    enter into any other contract it considers necessary or desirable,

(h)    may act as trustee and accept and hold real and personal property upon trust, but does not have the power to do any act or thing as a trustee that, if done otherwise as a trustee, would contravene the Act or the rules of the Club.

(i)      combine, co-operate, affiliate and enter into reciprocal arrangements with any other association having objectives wholly or in part similar to those of the Club.

4.2      Winding Up

                            The Club may be wound up by a special resolution at any General or Special Meeting called for such purpose.

4.3      Disposal of Assets

                           If, upon the winding up of the Club, there remains after satisfaction of all its debts and liabilities any property

                          whatsoever, the same shall not be paid or distributed amongst the members, but shall be given or transferred:

                                         (a)      to another association incorporated under the Act which has similar objects or;

                                         (b)      for charitable purposes and such association or purposes, as the case requires, shall be determined by  

                                                    resolution of the Club members subject always to the provisions of the Act.  

           4.4       Commissioner of Taxation

Upon Winding Up of the Club, the Commissioner of Taxation shall be advised within 30 days.

 

 

PART “B”

5.         MEMBERSHIP

Members of the Club will be elected to the following categories of membership:

Club Patron

Full Member

Honorary Life Member

Restricted Member

Social Member

Junior Member

Dual Member

Honorary Member

              Temporary Member

 

5.1      Club Patron

                        At the Annual General Meeting the Club may elect one or more Patrons as nominated by the Committee who may or may

                        not be a Full Member.

             5.2    Full Member

                       Persons of or above the age of eighteen (18) years who are entitled to exercise the full privileges of the Club, excepting that

                       where a member becomes an employee of the Club he/she shall not hold any office on the Executive Committee.

             5.3   Honorary Life Member

                        Persons recommended by the Committee to a General Meeting of the Club and elected at such meeting to be a Honorary

                        Life member for long and conspicuous service to the Club, and shall enjoy all the privileges of a full member.

                       A Life Member shall not be required to pay any subscription but is liable for such other fees including capitation fees and

                       levies which are payable by Full Members

             5.4   Restricted Member

                       Persons of or above the age of eighteen (18) years who may enjoy the privileges of the Club but shall not be eligible:

(i)   to stand for any office in the Club, propose or second any application for membership, or vote in any ballot or at a General Meeting of the Club;

(ii)   to play in Pennants, Club Championships, or open events at this or any other club.

Restricted Members will be capitated with the RWABA and therefore will be entitled to bowl socially at those times made available by the Committee.

(5)       Social Member

            Persons of or above the age of 18 years who may enjoy the privileges of the Club but shall not be eligible:

(i)      to stand for office in the Club or vote in any ballot or at any General Meeting of the Club:

(ii)     to use the greens, except at the specific invitation of the Committee.

6         Junior Member       

Persons of not less than twelve (12) years of age and under eighteen (18) years, who may enjoy all the privileges of the Club but shall not be eligible:

                                (i)    to stand for any office in the Club, propose or second any application for membership or vote in any ballot or at            

                                        any General Meeting of the Club;

    (ii)   to invite guests into the Club.

7         Dual Member

Persons who are current Ordinary or Full capitated members of another Bowling Club affiliated with the RWABA or with a similar Association in any other Australian State or Territory. Dual Members shall be entitled to all the privileges of the Club but shall not be eligible:

(i)             to stand for any office in the Club, propose or second any application for membership of the Club, or vote

            in any ballot at any General Meeting of the Club.

(ii)           to play in any Pennant matches for the Club unless the Member’s home club does not enter a side in a

            Defined Bowls WA Pennant Competition and he/she has Bowls WA permission to play.

(iii)         represent the Club, or play in Club Championship events.

 

  8                             Honorary Member

Honorary membership may be granted, without fees, to such dignitaries and sponsors of the Club as the Committee shall determine from time to time.

(10)                 Temporary Member

A person who is on any day visiting the Club as a Member or an Official of another club -:

(i) that is to engage in a pre-arranged event with the Club conducted for the purposes of one of the Club’s principle objects; or

(ii) that is to hold a pre-arranged function at the Club involving the use of the Club’s sporting facilities

or is a person invited by a member to play bowls on a particular occasion may be taken to be a person who is accorded temporary membership of the Club on that day in accordance with rules approved by the Liquor Act.

6.         MEMBERSHIP FEES

All fees and subscriptions for the ensuing year for each class of membership shall be determined at the March meeting of the Committee.

All subscriptions shall be payable annually in advance.

(1)       Subscriptions

.

Annual subscriptions are payable in advance, and are due on the 1st day of July in each year. On written application by a member, the Committee may grant an extension of time to pay.

 

            (2)       New Members

 

The Committee will determine annually in March whether a nomination fee is to be charged to new members. Subscriptions payable by new members will abate monthly in that, the amount payable will reduce by one twelfth each month from the beginning of each financial year

(3)       Capitation and Levies

Capitation and levies as determined by the RWABA or by a General or Special Meeting of members shall be additional to fees and subscriptions determined by the Committee.

(4)       Unfinancial Members

By resolution, the Committee may remove from the register of members the name of any member who fails to pay any sums due to the Club within four months of it becoming due.

 (5)      Special Circumstances

On being satisfied that any member is unable to pay the full subscription through absence, illness, financial difficulties, unemployment, physical disability or other distressful circumstances, the Committee may defer or relieve the Member of part of the Subscription debt but not so as to make the total debt less than ten per centum of the applicable subscription.

7.         LEVIES

Members shall pay such levies as may be imposed from time to time by the Club. A General or Special meeting shall have power to make a levy on the members for any special project or need, and such levy shall not exceed one third of the member’s annual subscription in any year.

8.         CLUB YEAR

The Club’s financial year shall commence on the 1st day of July in each year.

9.         APPLICATIONS FOR MEMBERSHIP

Applications for Full, Restricted, Social, Junior and Dual membership shall be proposed and seconded by Full or Honorary Life members of the Club. All such applications shall be in writing in a form prescribed by the Committee. The Secretary shall post applications on the Club noticeboard for a period not less than fourteen (14) days before election.

The Committee shall have the right to refuse any application for membership at its discretion without prejudice or right of the applicant to require an explanation. Two negative votes shall exclude the applicant from admission. The secretary shall keep a record of the names of members present and voting on that day.

10.      REGISTER OF MEMBERS

            The Club shall keep an up to date register of members in respect of each class of membership. This register must be continually available for inspection at the Clubs premises.

11.       RESIGNATION FROM MEMBERSHIP

Resignations of members of the Club are deemed to be effective from the time they are received by and duly accepted by the Committee at a formal meeting of the Committee. No member resigning from the Club or ceasing from any cause to be a member, shall be entitled to have any claim upon any portion whatsoever of the property or funds of the Club. Provided that any debenture held shall be disbursed to him or her on the agreed date.

12.      GUESTS

Full, Honorary Life, Restricted, Dual, Social and Temporary Members may introduce guests to the Club at any time provided that:

(a)                   other than as provided for under (e) below, the number of guests    shall not exceed five (5) in number at any one time;

(b)                   a guest shall not be supplied with liquor in the Club Premises except on   the invitation and in the company of a member;

(c)                   a guest shall be supplied with liquor to be consumed only onClub            Premises;

(d)                   a member introducing a guest shall be responsible for the proper conduct            of the guest(s) whilst on Club Premises;

   (e)       at the expense of the Member and with the approval of the Committee, a              Member may supply liquor to guests, without limitation as to number, at a                       private function held by or on behalf of that member at the Club                      Premises;

(f)                    any person who has been refused membership of the Club or who is        under suspension or expulsion from the Club or any affiliated Bowling           Club shall not be admitted as a guest of any member of the Club.   However a person refused membership of the Club, but who is a            member of another club competing in a competition at the Cambridge    Bowling & Recreation Club shall be accorded the same privileges as       other visiting competitors.

Part “C”

13.      MANAGEMENT

 

The management of the Club, shall be vested in the Executive                Committee, Men’s and Ladies Bowls and Selection Committees and Standing Committees as required from time to time.

 

13.1   Executive Committee

The Executive Committee (which shall be elected annually) shall comprise of:

President

Vice President

Secretary

Treasurer

Chair Men’s Bowls

Chair Ladies Bowls

Chair Men’s Selection Committee

Chair Ladies Selection Committee

Chair of each Standing Committee

The President, Vice President, Secretary, Treasurer, and Chair of all Standing Committees shall be elected annually by all financial Full and Honorary Life Members of the Club.

Six (6) members of the Executive Committee shall form a quorum; and the

Chair of Men’s Bowls and the Chair of the Men’s Selection Committee, shall be elected annually by all financial male Full and Honorary Life Members.

Chair of Ladies Bowls and the Chair of the Ladies Selection Committee, shall be elected annually by all financial female Full and Honorary Life Members.

 

 

13.2Selection Committee

There shall be a Selection Committee Men comprising the Chairman of Selectors Men and two male financial Full and Honorary Life Members.

The two members of the Selection Committee men shall be elected annually by all financial male Full and Honorary Life Members.

There shall be a Selection Committee Ladies comprising the Chairman of Selectors Ladies and two female financial Full and Honorary Life Members.

The two members of the Selection Committee Ladies shall be elected annually by all financial female Full and Honorary Life Members.

 

13.3     Club Captain

 

The Executive Committee shall have the power to appoint a Club Captain Men to assist the Men’s Selection Committee in the selection of the Men’s Premier League Pennant team.

The appointment will be at the sole discretion of the Executive Committee and will be reviewed annually.

The Club Captain will assist the Men’s Selection Committee in the selection of the Men’s Premier League or top ranking team.

The Club Captain will liaise with the Chair of Men’s Bowls to arrange the formation of a Bowls Program for each Pennant season and to develop practice and skill sessions for the Premier League.

The Club Captain men will be a permanent member of the Premier League Pennant Team Men or the top ranking Men’steam representingthe Club in Saturday Pennant Competition from time to time

 

13.4    Match Committees

 

The Chair of the Match Committee Men shall be appointed annually by the Chair of Men’s Bowls.

The number of male members required to carry out the functions of the Match committee shall be selected annually by the Chair of the Match Committee Men who will advise the Chair of Bowls Men the names of those members selected.

The Match Committee Men will consist of The Chair of Men’s Bowls, Chair of the Match Committee Men, the Male Delegate to Bowls WA and the Members selected.

 

 The Chair of the Match Committee Ladies shall be selected annually by the Chair of Ladies Bowls.

The number of lady members required to carry out the functions of the Match committee shall be selected annually by the Chair of the Match Committee Ladies who will advise the chair of Bowls Ladies the names of those members selected.

The Match Committee Ladies will consist of The Chair of Ladies Bowls, Chair of the Match Committee Ladies, the Female Delegate to Bowls WA and the members selected.

 

 

 

13.5     Duties of the Match Committee

 

The Match Committee Men and the Match Committee Ladies shall be responsible to the Chair Men’s Bowls and the Chair Ladies Bowls respectively for the organisation and control of all bowls events including club championships.

The recruitment of umpires and match officials.

They shall promote fellowship and goodwill among members and introduce and foster new members.

They shall encourage participation of all members old and new in all events held by the Club.

They shall be responsible for promoting the correct etiquette and sportsmanship amongst our members.

Any other matters deemed appropriate by the Executive Committee from time to time.

 

13.6      Finance Committee

 

The Finance Committee shall comprise the following Executive Officers of the Club:  The President, Vice-President, Secretary and Treasurer.

 

13.7      Standing Committees

 

Standing Committees, such as Bar, House & Grounds, Social and such others as may be required from time to time to carry out the functions of the Club, shall be        selected annually by the Chair of each of the Standing Committees.   The           Committee must be advised in writing of those Members selected for each    Standing Committee.

 

13.8      Co-opted Members

                         

To assist or to further the objects of the Club, the Committee shall have the     power to co-opt financial Full or Honorary Life members at any time to assist the Secretary, Treasurer, or any Standing Committee, and also a Promotions Officer and/or a Sponsorship Officer to assist or further the objects of the Club.   Such persons will not have voting rights in any Standing Committee except when    acting in the absence of the Secretary, Treasurer or Delegate.

 

          13.9       Management Committee

 

 In the event that an urgent decision is required regarding the management and   control of the club and the emergency deems it impractical to call a meeting of the Executive Committee

The powers contained in clause 18 shall be vested in the President, Vice President, Secretary and Treasurer, who shall be competent to exercise all powers vested in The Executive Committee

Any decisions made under this clause must be ratified at the next meeting of the Executive Committee.

14.      BALLOT PROCEDURE

The Committee shall appoint a Returning Officer who shall not be a candidate for election, and such Returning Officer will be responsible for conducting the ballot.

Not less than six (6) weeks prior to the Annual General Meeting of members, the Committee shall call for nominations for positions on all Committees.

Members may nominate for more than one office.

Nominations, including members seeking re-election, shall be on a form approved by the Committee, signed by the nominee, eligible proposer and seconder, and lodged with the Secretary not less than twenty one (21) days prior to the date set for the Annual General Meeting. The Secretary shall initial and date the nomination and advertise such on the Club notice board for not less than seven (7) days after closure of nominations.

Eligible proposers and seconders must be either Full or Life Members of the Club.

14.1    Order of Election

Any member, who is not opposed for a senior position, shall be excluded from the ballot for any subsequent position. The order of seniority of positions shall be:

PRESIDENT

VICE PRESIDENT

SECRETARY

TREASURER

CHAIR MEN'S BOWLS

CHAIR LADIES’ BOWLS

CHAIR MEN’S SELECTION

CHAIR LADIES’ SELECTION

STANDING COMMITTEE CHAIRS

Standing Committee Members

Members of the men's and ladies’ bowling committees shall be entitled to serve on any Standing Committee and members may serve on more than a single Standing Committee.

14.2    General Election

If the number of nominations does not exceed the number required to be elected by the members for any position, the candidates nominated shall be declared elected at the Annual General Meeting.

If less than the required number of nominations is received for any such office, the Chair at the Annual General Meeting shall call for nominations, and if necessary a secret ballot shall be held. Any person so elected shall hold office until the next Annual General Meeting.

14.3    Voting Procedure

If the number of candidates nominated exceeds the number required to be elected, a ballot shall be taken which shall be conducted in the following manner:

(1)                               The Committee shall fix the time and closing date for the ballot        that shall be at least three (3) days prior to the date fixed for the            Annual General Meeting.  The Committee will appoint a Returning                                     Officer.

(2)                               Ballot papers shall show the surnames and given names of each   of the candidates nominated for each office in respect of which an      election is necessary.

(3)                               The Secretary shall ensure voting papers are distributed in accordance with Rule 27 to all financial, Full and Honorary Life members (eligible in accordance with Clause 13 herein), not           less     than fourteen (14) days prior to the closing of the ballot.

(4)                               At the time of distributing the ballot papers to members the Club      shall provide a ballot box which shall be locked by the Returning Officer and placed in the Club to receive the ballot.

The Secretary shall supply the Returning Officer with a current register of members eligible to vote in an election.

The order in which names of the candidates nominated for each office appear on the ballot paper shall be in accordance with a draw conducted by the Returning Officer in the presence of those candidates wishing and able to be present at the draw.

All ballots shall be decided on a ‘first past the post’ voting system.

(a)                                           All votes shall be recorded by marking on the paper a tick     opposite the name of each candidate of choice up to the          number of candidates to be elected.

(b)                                           All votes shall be counted as primary votes of equal rank.     The candidate receiving the highest number of votes shall            be the successful candidate.

(c)                                           If two or more candidates receive the same number of           votes, the Returning Officer shall determine by lot the successful candidate or candidates.

(d)                                           If a candidate is successful in more than one ballot, that        candidate shall be deemed the successful candidate for the           higher or highest of such positions.

In the counting of votes for any lower position a successful candidate for a higher position shall be the first to be eliminated from the ballot for the lower position. In this circumstance the candidate receiving the next highest number of votes shall be elected in place of that excluded candidate. This process shall be repeated until the vacancies are filled.

The Returning Officer shall post the results of each election on the Club notice board and deliver to the Annual General Meeting, a report on the conduct and result of the ballot.

14.4    Informal Votes

Ballot papers which:

(i)        show more candidates marked as voted for than the number permitted;

(ii)                               are defaced or mutilated as to prevent the intentions of the   voter being ascertained;

(iii)                              do not clearly reveal the identity of the voter on the outer       envelope of a postal vote as instructed on the ballot paper;

(iv)                              carry any mark or means of identification of the voter on the ballot   paper or

(v)                               have more than one ballot paper in a single ballot paper       envelope;

 shall be deemed informal.

The Returning Officer may rule as he/she thinks fit on any other matter, but –

a ballot paper shall not be deemed informal only on account of a voter having used a mark other than a tick to indicate their vote so long as their intention is clear.

14.5    Scrutineers

A candidate may nominate in writing to the Returning Officer a scrutineer to represent him at the ballot. The scrutineer shall be a financial Full or a Honorary Life member of the Club and shall not be a candidate for election.

A scrutineer:

(i)        may be present throughout the ballot and may query the inclusion or exclusion of any vote in the count but the Returning Officer shall have final determination of any votes so queried;

(ii)           shall not place or remove any mark on a ballot paper;

(iii)                            shall not interfere with or attempt to influence any member at the time such member is casting their vote.

14.6    Casual Vacancies

The Committee may fill any vacancy occurring on any Committee by appointment of a person eligible to nominate for and hold that office as defined by Clauses 13 and 14.

A person so appointed shall hold office until the next Annual General Meeting at which time the position will become vacant.

15.      AUDITOR

At the Annual General Meeting, an Auditor shall be appointed and such Auditor will be responsible to audit the books of account of the Club, and certify to the correctness of the annual Statement of Receipts and Expenditure and Balance Sheet of the Club. The Auditor may be a member of the Club.

16.      HONORARIUM

All members of the Executive Committee, Standing and Bowls Committees shall act in an honorary capacity'

17.      MEETINGS OF EXECUTIVE COMMITTEE

(1)                   The Committee shall meet at least ten times a year at such place and on such dates as decided by the Committee.

The Secretary shall call meetings of the Committee when instructed to do so by the President, or by any three members of the Committee. The Secretary shall be solely responsible for the proper advice to all members of the Committee not less than 48 hours before the time set for such meeting.

(2)                   Six (6) persons shall form a quorum. If a quorum is not present within 30   minutes of the time scheduled for commencement of the meeting, the         meeting will stand adjourned until one week later at the same hour. If at    such adjourned meeting no quorum is present, those present not being less than five (5) shall have power to transact the business of such      meeting.

(3)                   Any member of the Committee who is absent from three (3) consecutive   meetings without leave of the Committee, will cease to be a committee           member.       

 (4)                  The President shall preside at all meetings of the Committee. In his or       her absence the Vice President shall preside but if neither be in             attendance, the meeting shall elect a chair. The           chair may exercise a           casting vote to retain the status quo.

(5)                   A member of the Committee who has any direct or indirect pecuniary         interest in a contract,  made orbeing contemplated by the Committee   shall as soon as the Member becomes aware of          the interest, disclose the    nature and extent of the interests to the Committee. Every such    disclosure shall be recorded in the minutes of the meeting at which it is                         made and the member shall not take part in any deliberations or decision            of the Committee with respect to that contract.

(6)                   The Secretary shall record the minutes of all resolutions and proceedings            of the Committee in a file maintained for the purpose.

(7)                   Any vacancy occurring in the Committee through resignation,          expulsion,     or any other cause, may be filled by the Committee without reference          to         the previous ballot.

18.      POWERS OF EXECUTIVE COMMITTEE

The Committee shall have the power to:

(1)                   elect members within the terms of these Rules,

(2)                   frame By-laws for the management of the Club, consistent with        these Rules and to alter, amend, or rescind such By-laws as occasion may require, and such By-laws shall be equally as binding as, but shall    not be             opposed to, the Rules.

                         Such By-laws shall be binding on all members until repealed or     amended by the Committee, or by a General Meeting of members and   may impose penalties for any breach of these Rules. The Secretary shall post a certified copy of all By-laws on the Club noticeboard.

(3)                   fill any vacancy on the Executive Committee or any other Committee of     the Club;

(4)                   refuse to admit any person to membership of the Club without         assigning      any reason for doing so;

(5)                   limit the number of members of the various categories of membership;

(6)                   delegate any portion of their powers to any special sub-committee not       otherwise provided in these Rules;

(7)                   engage and dismiss employees of the Club.

(8)                   pay an honorarium for faithful and diligent service performed by any          member of the Club;

(9)                   establish and control all matters of conduct, policy, finance, promotion,      publicity and planning relative to sporting and cultural activities within the            Club and adjudicate on all matters impinging on the objects of the Club;

(10)                 hear and determine charges of misconduct lodged against any member   under these rules, and to impose penalties accordingly.

19.      RESIGNATION OF EXECUTIVE COMMITTEE

In the event of the resignation of the Committee, the management of the affairs of the Club shall be vested in the President, Vice President, Secretary and Treasurer who shall be competent to exercise all powers vested in the Committee, until the holding of a Special General Meeting convened for the purpose of electing a new committee; which Special General Meeting shall be held within fourteen (14) days after receipt of such resignation.

 

 

20.      STANDING COMMITTEES

(a)                   All Standing Committees shall be subordinate to the Executive        Committee subject to its control, and report to the Executive Committee           through its Chair. Reports shall be in writing.

The President and Secretary shall be ex-officio members of all Standing Committees and be notified of all intended meetings. They shall not have a vote in Standing Committees but may advise on policy and procedure.

The Chair of each Standing Committee shall be responsible for the conduct of their Standing Committee and ensure that the duties detailed in the rules for that Standing Committee are carried out.

Each Standing Committee shall meet at least monthly unless approval is given by the Committee for less frequent meetings

(b)                   The Chair of a Standing Committee shall be responsible for receiving any            criticism of paid staff within their area of duty and shall exercise the             utmost discretion in any action deemed necessary. All other Standing                         Committee members (and all other members of the Club) shall refer any   criticism to the appropriate Chair who, if the matter is serious, shall refer it            to the Club President.

21.                  DUTIES OF OFFICERS

21.1   THE PRESIDENT shall preside at all meetings of the Club and of the Committee. In his/her absence the Vice President shall preside. If neither of the aforementioned officers be present, the meeting shall elect a Chair. At all General Meetings of the Club and all meetings of the Committee, the President, or in his/her absence the presiding Chair, shall have a deliberate vote and a casting vote where necessary and shall decide on the voices or by a show of hands as the presiding Chair thinks fit, but any member may demand a division or a secret ballot.

21.2 THE VICE PRESIDENT shall liaise with the President in the overall   management of the Club, and in his/her absence assume the President’s      responsibilities.

            The Vice President shall oversee the provision of Club          amenities, stores     and equipment within the clubhouse, and promotion and fund raising   initiatives ensuring co-ordination of the Committees involved.

21.3   THE SECRETARY of the Club, unless otherwise excused, shall attend      all meetings of the Club, keep a correct record of all proceedings in a file             provided for that purpose,, keep a record of all names and addresses of   members of the Club, also, carry out such clerical work as may be        necessary for the observance of the Rules and By-laws of the Club. The      Secretary shall convene all           meetings of the Club and of the Committee in   accordance with these rules; attend to all correspondence and perform         the normal duties of the office of Secretary as required by the Committee.

21.4   THE TREASURER shall be responsible for all monies paid to the   Club and shall ensure that all such monies are paid into the bank             account of the Club. He/she shall keep correct accounts and            books/electronic records showing the financial affairs of the Club            and the particulars usually shown in books of account/electronic     records of a like nature. At the Annual General Meeting of the      Club   he/she shall present an audited statement of receipts and expenditure      and a balance sheet of the Club for the past year.

 

 

PART “D”

22.      INTERPRETATION OF THE RULES

(a)                   The Committee shall decide all questions of interpretation of these Rules             and such decision shall be binding, unless at a General Meeting such        decision shall be disagreed with by a three quarters majority of those                         members present and eligible to vote.

(b)                   Unless a contrary intention appears, words importing the singular number           include the plural and vice-versa, and words importing the masculine         gender include the feminine gender in accordance with the Constitution,                         Rules and By-laws of the RWABA

(c)                   In the event of any ambiguity, the powers vested in the           Committee shall       be construed so as to widen and not restrict the   powers of the            Committee.

(d)                   Every member is bound by and shall submit to the Rules and By-laws of   the Club.

(e)                   No member shall be entitled to take any legal action against the Club        (other than a claim for goods and services rendered) and must conform     to the decisions of the Committee, and in the case of an appeal, to the       decision of the General Meeting hearing the appeal.

            (f)        These rules are subject to the provisions of the Act and if any of these                    rules are inconsistent with the provisions of the Act then the provisions of                    the Act shall prevail and be paramount to the extent of such                                      inconsistency.

            (g)       To the extent that is applicable, the Equal Opportunity Act 1984                                shall form part of these Rules.

            (h)       A reference to any statute, regulations, proclamations, ordinances                          or by-laws includes all statutes, regulations, proclamations, ordinances or                     varying, consolidating or replacing them, and a reference to a statute                                Includes all regulations, proclamations, ordinances or by-laws issued                               under that statute.

23.      AMENDMENT OF RULES

No rule shall be amended or repealed, nor shall any new rule be made, except on the vote pursuant to a Special Resolution as defined in the Act at the Annual General Meeting or a Special General Meeting called for the purpose.

Notice of any proposed amendment, repeal or addition must be given by notice in writing to the Secretary. Such notice shall be posted in the Club premises for not less than ten (10) days before the date appointed for the holding of such meeting for any proposal to so amend, repeal, or add to, the Rules.

 

Within 28 days of the acceptance of any proposal to amend the Rules of the Club at an Annual or Special General Meeting, the Secretary shall provide to the Director of Liquor Licensing the Commissioner for Consumer Protection and the RWABA, certified particulars of the change(s) proposed and effect shall not be given to the change(s) without prior approval of those bodies.

24.      ANNUAL GENERAL MEETING

(a)       The Annual General Meeting of the Club shall be held within three months of the end of the Club’s financial year. Notice of the Meeting shall be given to all members in accordance with Rule 27, not less than fourteen (14) days prior to the Meeting, and posted on the notice board of the Club not less than fourteen (14) days before the Meeting.

(b)       Twenty five Full and Honorary Life members of the Club shall form a quorum, and if a quorum is not present within thirty minutes of the appointed time for the Meeting, it shall stand adjourned for seven (7) days, and if at such adjourned Meeting there is no quorum, those present shall be competent to discharge the business. Seven (7) days prior to the Meeting the Secretary shall advise the Executive Committee the numbers required to form a quorum.

25.      CONDUCT OF THE ANNUAL GENERAL MEETING

The President shall preside. In his/her absence the Vice President shall preside. In the absence of the aforementioned, the meeting shall elect a Chairman from the members present. The Chairman shall have power to exercise a casting vote.  The business of the Annual General Meeting shall be in the following order:

(a)                   Confirmation of the minutes of the last Annual General Meeting and of       any Special Meetings held since the preceding Annual General Meeting.

(b)                   Receiving the President’s Report and receiving and discussing the            Statement of Receipts and Expenditure and a Balance Sheet of the Club for the past year and reports from the Treasurer and Auditor.

(c)                   Declaration of the ballot and election of the Committee.

(d)                   Election of Selection Committee Men and Ladies

(e)                   Election of Chairs of Standing Committees

(f)                    Election of the Club Patron(s)

(g)                   Election of Club Auditor

(h)                   Special business of which notice of motion has been given.

(i)                    General business/Recommendations to incoming Committees.

26.      SPECIAL GENERAL MEETING

The Secretary shall call a Special General Meeting when so instructed by a resolution of the Committee or on receipt of a requisition by not less than fifteen financial Full and Honorary Life members of the Club at the date of receipt of such requisition.

Notices of a Special General Meeting shall be given to all members in accordance with Rule 27 and distributed not less than fourteen (14) days prior to the Meeting, and posted on the notice board of the Club not less than fourteen (14) days before the Meeting, specifying the business to be transacted and no other business shall be dealt with at such meeting. Twenty five financial Full and Honorary Life members as at the date before such Meeting shall form a quorum and if no quorum is present thirty (30) minutes after the appointed meeting time, the Meeting shall lapse.

27.      NOTICES

            27.1    Any Annual General Meeting, Special General Meeting, General Meeting             or other Meeting of the Club is not invalid            only because of:

                        (a)       the accidental omission to give notice of the meeting to                                                         any person entitled to such notice;

                        (b)       the non-receipt of such notice by any person entitled to                                                         such notice or

                        (c)       a defect in such given notice.

            27.2   A notice may be given by the Club to any member either by:

                        (a)       serving it on the person personally;

                        (b)       sending it by post to the person at their address as shown                                        in the register of members kept and maintained under                                                        section 27 of the Act;

                        (c)       by sending it to the facsimile number, email or other                                                   electronic address (if any) nominated by the member, or

                        (d)       by any other means that the Rules or the Act permit.

            27.3    Where a notice is sent by post, service of the notice shall be deemed to                be effected by properly addressing, prepaying and posting a letter                              containing the notice, and to have been effected, in the case of                               service of a notice of a meeting two days after the date of its posting                                   and, in any other case, at the time which the letter will be delivered in the               ordinary course of post.

            27.4    Where a notice of meeting or other notice is sent by facsimile,                                              email or other electronic means, notice shall be deemed to have                                     been given on the day after it has been sent.

 

PART “E”

28.      MISCONDUCT

(a)                   The Committee shall exercise full power to reprimand, suspend, expel or impose penalties on any member of the Club who shall, in the sole and          absolute judgement of the Committee, have been guilty, either in or out of            the Club Premises, of any act, practice, conduct, matter or thing calculated to bring discredit on, or in any manner prejudice the reputation      of the Club, or calculated in any manner to impair or affect the         enjoyment     of the Club Premises by members thereof, or to cause any ill-feeling or friction between or among members.

(b)                   Any dispute between members may be referred by either disputant in        writing to the Committee whose decision thereon, subject to these Rules,           shall finally settle the manner.

                        The complainant, with his/her complaint, shall deposit with the Secretary a sum equivalent to 25 per centum of the Full membership subscription            and if the Committee consider the complaint frivolous, they may order the                         amount forfeited to the funds of the Club.

                        All complaints shall be made in writing through the Secretary, stating the explicit nature of the offence of which the member is accused, and the names of any members witness to the occurrence giving rise to the            complaint. The Secretary shall submit the complaint to the Committee if        the Secretary is unable to resolve it.

            (c)       The Committee shall exempt any member of that Committee from                           hearing a charge in which he/she has an interest.

29.      PENALTIES

The Committee shall have due regard to the circumstances of the charge, when imposing any penalty under these Rules.

Penalties available are:

(a)                   a monetary penalty for any breach of these Rules or By-laws of the Club, not exceeding the annual subscription for Full members, but, additionally            an offending member shall pay the cost of repair or replacement of Club               property damaged through their or their guests’ actions.

(b)                   a period of suspension from membership for any period not exceeding     twelve (12) months.

(c)                   where a charge of gross misconduct is proved and a fine or suspension   is, in the opinion of a two-thirds majority of the Committee hearing the    charge, inadequate or inappropriate they may expel the member

 

 

The Committee shall take due account of the effect of expulsion on a member who may desire to join an affiliated club in the future.

(d)                   all monetary penalties shall be paid within fourteen (14) days of notice      being served on the member. If he/she should refuse or neglect to meet             such payment he/she shall stand suspended from membership until the                         payment be made in full.

(e)                   the Committee may, at its discretion, extend such period for payment         without further penalty.

(f)                    The name of a member suspended or expelled shall be advised to the      RWABA in accordance with its constitution and rules.

30.      PROCEDURE FOR A CHARGE OF MISCONDUCT

(a)      If the Committee decides to proceed with a charge of misconduct, ten (10) clear days’ notice of the hearing must be given

           to the member accused.

(b)      The Secretary shall deliver to, or forward by registered post, a notice to the accused member and the complainant at their

            postal addresses registered at the Club, such notice specifying the nature of the charge and request attendance at a

            hearing by the Committee. On the application of either party the Secretary shall send a notice to any other member to

            appear and give evidence provided such application is made at least three (3) days before the date of the hearing. Should

            any party or witness be unable to attend the hearing, the Committee may at their sole discretion, on application of

            either party, adjourn the hearing for not more than seven (7) days, at which time they shall take evidence and decide the

            case, the same as if all parties were present.

(c)       If, after hearing of the evidence, the Committee shall find the charge proven by a majority decision they shall impose an

           appropriate penalty.

              The Secretary shall forthwith deliver to or post a notice to the member at their postal address registered at the Club, advising

              them of the penalty.

  (d)      If the penalty is expulsion the name of the member shall be erased from the list of membership forthwith. The member

             shall be liable for all monies due by him/her at the date of expulsion. No person shall be entitled to take action or

             proceedings against the Club for or in respect of any suspension or expulsion as decided and shall conform to the

            decision of the Committee.

 

 

 

31.      APPEAL

Two levels of appeal shall be available to members found guilty by the Committee of an offence against these Rules. A notice of appeal shall be directed to the Secretary in writing giving details of the grounds for the appeal and the tier of appeal sought. It shall be accompanied by the required sum of money which shall be refunded if the appeal is upheld. The Secretary must receive any appeal within ten (10) days of the Committee’s decision.

(a)      Where a member has been fined he/she may have his/her appeal determined by the President, Vice President and

           Secretary or in the absence of any of these officers by members of the Committee selected by the most senior officer    

           available. The appellant shall lodge a sum of   money equivalent to twenty (20) per centum of the annual subscription for

           Full members with the appeal and this will be refunded if the appeal is returned to the Committee for the charge to be

           reheard.        

 (b)     Where a member is suspended or expelled he/she may have his/her appeal determined by a Special General Meeting of

            members where a majority of two-thirds will be required to over-turn the decision of the Committee. A sum of money

            equivalent to forty (40) per centum of the annual subscription for Full members shall accompany such appeal and shall

            be returned to the appellant if his appeal is upheld.

            Rule 26 will apply to the calling of the Special General Meeting.

(c)       Until the hearing of any appeal, the decision of the Committee shall have full effect but the appellant shall have the right

            to attend the Meeting applicable.

 

 

PART “F"

32.      COMMON SEAL

The Club shall have a Common Seal to be kept in the custody of the Secretary and shall be used only on the authority of the Committee.

With such authority, any two ofthe President, Vice President ,Secretary and Treasurer for the time being, shall affix the Common Seal to any deed, instrument or writing, and be signed by such officers.

33.      TRUSTEES

The President and Vice President shall be ex-officio trustees of the Club; and all property including records, books, documents andsecurities of the Club shall except as otherwise stated be vested in their trust and custody for and on behalf of the members for the time being.

Records and documents held in trust may be inspected by members of the Club who shall be permitted to copy such records but shall not remove them from trustee’s possession.

34.      CLUB LICENCE

On any application to the Director of Liquor Licencing for a Club Licence of the Club and whilst the Club shall continue to hold such Club Licence, these Rules shall be interpreted in all things as being subject to the provisions of the Liquor Act and such provisions shall be deemed to be included in and form part of these Rules.

35.      BANK/INVESTMENTS

The funds of the Club shall be placed in such Bank or Financial Institution as the Committee may from time to time determine to the credit of the Cambridge Bowling & Recreation Club (Inc) and shall be operated upon by cheque and signed by any one of the President, Vice President, Secretary or Treasurer, or by electronic or other means as approved by the Committee.

36.      EMPLOYEES

The Committee shall be responsible for the engagement and termination of all employees of the Club and shall do so within the following guide lines:

(a)      No person under the age of eighteen (18) years shall be employed in the sale or delivery of liquor.

(b)     The hours worked shall not exceed those set down in the industrial awards, governing employees engaged in similar work.

(c)      Employees shall be paid not less than the rates laid down under current relevant Western Australian State or Federal

          Awards.

(d)     No payment or part payment of any Secretary, Manager or other officer or employee of the Club shall be made by way of

          commission or allowance from or upon the receipts of the Club for liquor supplied.

37.      INDEMNITY

Subject to section 39D of the Act members of the Committee and Sub Committees and other Club Officials shall from time to time and at all times be held harmless and indemnified against all costs, charges, losses, damage and expenses which they or any of them sustain, incur or are put to in or about the execution and discharge of their respective trusts and offices or in or about any action suit or proceeding at law or in equity in which they or any of them shall or may be plaintiffs or defendants, provided always that the amount of such reasonable costs, charges, damages or expenses for which indemnity is intended to be hereby provided, shall as soon as reasonable after it has been sustained or incurred, be paid from the funds of the Club and that none of the other officers of the Club shall be answerable or accountable for the others or any of them or any other person or persons whosoever, but for his/her own acts, deeds and defaults alone.