Constitution of the Murray Valley Bushwalkers Inc
The Murray Valley Bushwalkers Inc Constitution is called the "Rules of Murray Valley Bushwalkers Inc" and is registered with the Department of Consumer and Employment Protection. It contains the statutory requirements for the Club's constitution and can only be changed in accordance with the process set out within
1. NAME OF CLUB
The name of the club shall be the "Murray Valley Bushwalkers Inc", hereinafter referred to as the Club.
2. DEFINITIONS
a. A General Meeting is defined as either an Annual General Meeting, held in accordance with Rule 10 of these Rules, or a Special General Meeting, held in accordance with Rule 11 of these Rules.
b. Where notice in writing is required by these Rules, notice shall be deemed to be given as from the date of posting the notice on the club’s website.
c. A member is a natural person, or a member of a family whose application has been accepted in accordance with Rule 6a of these rules.
d. A family shall consist of persons living at the one postal address but may include dependents living elsewhere.
e. An Eligible member at a General Meeting is a member aged 18 or more whose membership was current on the day prior to the commencement of meeting.
f. The committee shall be a group of members as defined in Rule 9 of these Rules.
g. The Executive Officers of the Club are the President, Secretary, Treasurer, Coordinator and Administrator of the Club.
3. OBJECTIVES
a. To organise bushwalks and other outdoor activities.
b. To encourage the development of skills relevant to bushwalking and other outdoor activities that the club participates in.
c. To promote an awareness and understanding of the environment and to promote its conservation.
4. POWER
a. The Club has the power to do all such things as are necessary, incidental to or conducive to the attainment of the objectives of the Club.
5. INCOME AND PROPERTY
a. The income and property of the Club shall be applied solely towards the promotion of the objectives of the Club.
b. No portion of the income or property shall be paid, transferred or distributed directly to the members of the Club except for reimbursement of expenses incurred on behalf of the Club.
6. MEMBERSHIP
a. To become a member of the Club, a person shall submit an online application on a form approved by the committee, together with membership fees due.
b. The committee shall either accept or reject an application without being required to give reasons
c. Upon acceptance the member shall be entered in the online register of members.
d. A member’s liability shall be limited to the payment of subscriptions.
e. If an application is rejected, all membership fees accompanying the application shall be refunded.
f. A member shall cease to be a member if the member:
i. Fails to pay any moneys due
ii. Is suspended or expelled
iii. Resigns by giving written notice to an member of the executive of the Club.
7. LIFE MEMBERSHIP
a. A member may be elected as a life member at an Annual General Meeting in recognition of outstanding contributions made to the Club.
b. Only the committee shall nominate a member as a life member, and may nominate no more than one Club member each year for life membership.
c. A person nominated for life membership must be informed of their nomination before the Annual General Meeting, and has the right to refuse the nomination.
d. Life members shall have the same rights, privileges and responsibilities as other members except that they shall not be required to renew their membership or pay membership fees.
e. Life members may resign their life membership at any time.
8. SUBSCRIPTIONS
a. Fees and the duration(s) of membership shall be determined by the committee. Such determinations shall be valid for a period of at least a Club financial year.
b. Membership fees are non refundable except in accordance with Rule 6f(iii).
9. COMMITTEE
a. The management of the Club shall be the responsibility of the committee
b. The committee shall be elected in accordance with Rule 10c(v) of these Rules or appointed in accordance with Rule 9g of these Rules.
c. The committee shall consist of no more than 10 and no less than 4 members of the Club.
d. The size of the committee shall be dependent on the total number of members of the club as at the first of January of the year of the AGM: if the membership is less than forty, there shall be a committee of four, for every additional twenty members the size of the committee shall be increased by one until the maximum committee size of 10 is attained.
e. The committee shall have the power to create specific office bearers, e.g. Publicity officer, safety officer etc.
f. The committee shall consist of a President, Secretary, Treasurer, Coordinator and Administrator and other committee members as determined at the Annual General Meeting
g. No member shall serve more than five consecutive terms as a committee member, which shall also include terms as an Executive Officer.
h. 1 person only from a family membership may be a committee member
i. Any nominations or withdrawals for any position on the committee shall be published on the club's website as soon as practicable.
j. Nominations shall only be accepted up to seven days prior to the Annual General meeting
k. All committee positions must be declared vacant at the Annual General Meeting.
l. Should any vacancy occur in the committee, other than in the normal course of elections, the committee may fill such a vacancy from the members of the Club, and such member shall hold office for the unexpired portion of their predecessor's term.
m. The committee shall meet a minimum of four times per year to conduct the business of the Club which shall be followed by a Social Meeting of club members and visitors.
n. Any three members of the committee together shall have the power to call a meeting of the committee.
o. At least 7 days notice of committee meetings shall be given to all members of the committee.
p. The quorum for committee meetings shall be 3
q. At every committee meeting, a motion put to the vote shall be decided by a numerical majority of the committee members present.
r. The chairperson at all committee meetings may have a casting vote in addition to a deliberate vote.
s. The committee shall have the power to form subcommittees and shall define their terms of reference. Such subcommittees may be disbanded by the committee.
t. All committee decisions and actions are valid unless made fraudulently or in bad faith.
u. Use of technology at committee meetings
(1) A committee meeting may be held at 2 or more venues using any technology approved by the committee that gives each of the committee’s members a reasonable opportunity to participate.
(2) A committee member who participates in a committee meeting using that technology is taken to be present at the meeting and, if the member votes at the meeting, is taken to have voted in person.
10. ANNUAL GENERAL MEETING
a. The Annual General Meeting shall be commenced within 6 months of the end of the Club financial year.
b. Five financial members constitute a quorum for the transaction of the business of a general meeting. If a quorum is not present, the General Meeting is adjourned. If at the adjourned meeting a quorum is not present, the members present (being at least 3) are to constitute a quorum.
c. The business of the Annual General Meeting and the order of that business shall be:
i. Confirmation of the Minutes of the previous Annual General Meeting and matters arising.
ii. The President's Report.
iii. Submission of a balance sheet for the previous Club financial year.
iv. Any other reports.
v. Election of the committee.
vi. Notices of Motion.
vii. General business.
d. Adjournment of the Annual General Meeting:
i. If a quorum is not present within 45 minutes of the scheduled starting time, the Annual General Meeting will be adjourned to a date within 30 days of the original meeting.
ii. Notice of the resumption of that Annual General Meeting shall be given by any practical means to all members not less than 7 days prior to the resumption.
iii. If a quorum is not present within 45 minutes of the scheduled resumption time of that Annual General Meeting, those Eligible members present shall be deemed to constitute a quorum.
11. SPECIAL GENERAL MEETING
a. A Special General Meeting may be called in one of the following ways:
i. By resolution of the committee
ii. By petition in writing signed by at least 10% of the members of the Club, and stating the business of the proposed meeting. A Special General Meeting called pursuant to a petition shall be held within 30 days following receipt of the petition by an Executive Officer of the Club
iii. At the request of the President
iv. By resolution at an Annual General Meeting or a Special General Meeting.
b. Five financial members constitute a quorum for the transaction of the business of a general meeting. If a quorum is not present, the General Meeting is adjourned. If at the adjourned meeting a quorum is not present, the members present (being at least 3) are to constitute a quorum.
c. If a quorum is not present within 45 minutes of the scheduled starting time, the Special General Meeting shall lapse.
12. CHAIRING GENERAL MEETINGS
a. The President shall preside at any General Meeting unless the Meeting resolves to elect another Eligible member to the chair.
b. The Chairperson of any General Meeting may have a casting vote as well as a deliberate vote.
c. At all General Meetings, the Chairperson's decision on points of order shall be final.
13. VOTING AT GENERAL MEETINGS
a. Only Eligible members may vote at a General Meeting.
b. At every General Meeting, a motion put to the vote shall be decided by a numerical majority of the Eligible members present.
c. At all General Meetings, each Eligible member shall be entitled to one vote. Postal and proxy votes shall be accepted.
d. Family members over the age of 18 are entitled to one vote.
e. Postal or electronic ballots
(1) The association may hold a postal or electronic ballot (as the committee determines) to determine any issue or proposal (other than an appeal under clause 12).
(2) A postal or electronic ballot is to be conducted in accordance with Schedule 3 to the Regulation.
f. Use of technology at general meetings
(1) A general meeting may be held at 2 or more venues using any technology approved by the committee that gives each of the association’s members a reasonable opportunity to participate.
(2) A member of an association who participates in a general meeting using that technology is taken to be present at the meeting and, if the member votes at the meeting, is taken to have voted in person.
14. NOTICE OF GENERAL MEETING
a. At least 14 days written notice shall be given of any General Meeting to all members unless stated otherwise in these Rules. Such notice shall state the business of the meeting.
b. The non receipt by any member of any notice required by these Rules shall not invalidate or affect any proceedings at such a meeting.
15. MINUTES OF MEETINGS
a. Minutes shall be kept of all General Meetings and committee Meetings, and copies shall be provided on the club’s website for members only to access.
16. DISCIPLINING OF MEMBERS
a. The committee may call a meeting to consider suspension or expulsion of any member of the Club whose conduct is, in the opinion of the committee, prejudicial to the interests of the Club. Any action shall be decided by a majority vote of the committee members present.
i. The member whom it is proposed to suspend or expel may attend this meeting for the purpose of being heard.
ii. Any member who is suspended or expelled shall be notified in writing of the decision by the committee within seven days.
iii. There shall be a right of appeal against a decision to suspend or expel a member.
iv. Any request for an appeal must be in writing to an Executive Officer within 14 days of notification of the decision.
v. A Special General Meeting shall be called within 30 days of receipt of the written request.
vi. The Special General Meeting shall hear the member's appeal and may confirm, vary or reverse the committee decision.
17. INTERNAL DISPUTES
a. Internal disputes shall be resolved by a special committee meeting to which members involved shall be invited.
b. Notice of such a meeting shall be given in writing at least 14 days prior to such a meeting.
18. FINANCE
a. The Club financial year shall be from the 1st July to the 30th June.
b. The committee shall cause true accounts to be kept of the monies received and expended.
c. A balance sheet for the previous financial year, consisting of a summary of the assets and liabilities of the Club and a statement of profit and loss, shall be submitted to each Annual General Meeting.
d. Monies of the Club shall be paid into the account or accounts of the Club at such banks or other financial institutions as the committee may from time to time direct.
e. Monies shall only be drawn from Club accounts by direct deposit / internet banking.
f. A minimum of two committee members are required to authorise each payment. All committee members are empowered to become signatories.
g. All payments exceeding $500 must be approved by the committee and the decision recorded in the minutes.
h. The accounts shall be open to inspection by any member upon giving reasonable notice to the Treasurer by provision of a bank statement by email when requested by a member.
i. Sources of income shall consist of subscriptions, grants and fundraising.
19. DISSOLUTION
a. The Club may at any time, with the consent of 75% of the Eligible members present at a Special General Meeting called for the purpose, be dissolved.
b. If upon the dissolution or winding up of the Club there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to, transferred, or distributed amongst the members of the Club. It shall be given to some incorporated association having objects similar wholly or in part to the objects of the Club or to a charitable organisation as decided at the above Meeting.
20. INSPECTION OF RULES
a. These rules shall be open to inspection by any member of the Club via the club website in a section accessible only to members.
21. ALTERATION OF RULES
a. No alteration, addition or amendment to these Rules shall be made unless by a special resolution passed by 75% of the Eligible members at a General Meeting.
b. Notice of any proposed addition, alteration, or amendment shall be delivered in writing to an Executive Officer at least thirty days prior to the appropriate General Meeting and shall be included in the notice of business of that meeting.
c. Alterations will take effect in accordance with Rule 17 of the Associations Incorporation Act 2009.