RULES OF
THE DANDENONG CHESS CLUB
INCORPORATED
Rules of the Dandenong Chess Club Inc
THE NAME
1.
The Name of the incorporated association is "Dandenong Chess Club Incorporated", hereafter called "the club".
DEFINITIONS and INTERPRETATIONS
2. 1.
In these rules, unless the contrary intention appears:-
"Financial year" means the year ending on the last day of February.
"General meeting" means a general meeting of members convened in accordance with these rules.
"Member" means a member of the club.
"The Act" means the Associations Incorporation Act of Victoria 1981.
"The Regulations" means regulations under the act.
2. 2.
In these rules, a reference to the secretary of the club is a reference:-
(a)
Where a person holds office under these rules as secretary of the club, to that person; and
(b)
In any other case to the public officer of the club.
2. 3.
Words or expressions contained in these rules shall be interpreted in accordance with the provisions of the Interpretation of Legislation Act 1984 and the Act as in force from time to time.
RESIGNATION OF A MEMBER
3. 1.
A natural person who is nominated and approved for membership as provided in these rules is eligible to be a member of the Club upon payment of the entrance fee and annual subscription payable under these rules.
3. 2.
A person who is not a member of the Club at the time of incorporation (or was such a member but has ceased to be a member) shall not be admitted to membership unless his admission is approved by the Committee.
3. 3.
An application for membership of the club:-
(a)
Shall be made in writing in a form approved by the Committee
(b)
Shall be lodged with the secretary of the club
(c)
Shall be accompanied by the appropriate entrance and membership fee.
3. 4.
As soon as practicable after receipt of an application, the secretary shall refer the application to the Committee.
3. 5.
Upon application being referred to the Committee, the Committee shall determine whether to accept or reject the application.
3. 6.
Upon approval of a membership application and payment of the amounts referred to in sub-clause 3, the secretary shall enter the applicant's name in the register of members kept by him, and upon the name being entered, the applicant becomes a member of the Club.
3. 7.
A right, privilege or obligation of a person by reason of membership of the Club:-
(a)
Is not capable of being transferred to another person:
(b)
Terminates upon the cessation of his membership for any reason.
3. 8.
A concessional member is a person under the age of 18 years (as at April 1 of the year in question) who fulfils the membership conditions or anyone else deemed worthy, by the Committee, of a concession.
3. 9.
An Honorary life member is a person who, for conspicuous service or other sufficient reason, is elected at an Annual General Meeting. An Honorary life member shall be exempted from payment of the annual subscription.
3. 10.
An ordinary life member is a person who has paid the fee determined to be appropriate by the Committee to be admitted to membership of the club for life.
3. 11.
The Committee has the right to admit to activities of the Club, including those of its Junior Club, anyone who is not a member, and to specify a fee for such admission.
ENTRANCE FEE AND ANNUAL SUBSCRIPTION
4.
Each member and each concessional member shall pay such annual subscription and entrance fees as shall be determined as appropriate for the year by the committee
REGISTER OF MEMBERS
5.
The Secretary shall keep and maintain a register of members in which shall be entered the full name, address and date of entry of the name of each member and the register shall be available for inspection by members at the address of the Secretary.
RESIGNATION OF A MEMBER
6.1.
A member of the club who has paid all moneys due and payable by him to the Club may resign from the Club by first giving one month's notice in writing to the Secretary of his intention to resign and upon expiration of that period of notice, the member shall cease to be a member.
6.2
Upon the expiration of a notice given under sub-clause 1, the secretary shall make in the register of members an entry recording the date on which the member by whom the notice was given, ceased to be a member.
GRIEVANCE PROCEDURES
Section A) Grievances involving Disciplinary Measures
7. 1.
Subject to these rules, if the Committee is of the opinion that a member has refused or neglected to comply with these rules, or been guilty of conduct unbecoming a member or prejudicial to the interests of the club, the
Committee may by resolution do one or more of the following:-
(a)
Expel a member from the Club
(b)
Suspend a member from membership of the Club for a specified period
(c)
Fine a member in accordance with the Regulations
(d)
Suspend a member until a fine as per 7.1(c) has been paid
7.1.1
If the member subject to the resolution is a serving Committee member, they will be removed from the Committee and replaced as per sections 20.5 and/or 21.3.
7.1.2
The resolution is to take effect immediately upon the Secretary taking the required action as per 7.2
7. 2.
Where the Committee passes a resolution under sub-clause 7.1, the Secretary shall, as soon as practicable, cause to be served on the member a notice in writing:-
(a)
setting out the resolution of the Committee and the grounds on which it is based;
(b)
stating that the member, or person appointed by the member to act on their behalf, may address the Committee at a meeting to be held not earlier than 14 and not later than 28 days after the service of the notice;
(c)
stating the date, place and time of that meeting;
(d)
informing the member that he may do one or more of the following:
(i)
Attend that meeting, or appoint a person to act on his behalf at that meeting, where the member or person appointed to act on his behalf? shall be given an opportunity to present a case for revoking the resolution.
(ii)
Give to the Secretary on or before the commencement of that meeting a written statement seeking the revocation of the resolution
7. 3.
At a meeting of the Committee held in accordance with sub-clause 7.2(b), the Committee shall:-
(a)
give to the member, or person appointed by the member to act on their behalf, an opportunity to be heard;
(b)
give due consideration to any written statement submitted by the member; and
(c)
by resolution, and in the absence of the member or person appointed by the member to act on their behalf, determine whether to confirm or revoke the resolution.
7.3.1
The Secretary shall within 7 days of that meeting provide the member in writing;
(a)
the decision of the Committee as per 7.3(c)
(b)
an outline of possible follow up procedures as per 7.4 and 7.5
7.4
Where the member subject to the resolution outlined in 7.1 is not satisfied with the decision of the Committee as
per 7.3(c) they are entitled to seek mediation in conjunction with Model Rule 8 as per the Associations
Incorporation Act 1981 Part IV Section 14B.If the member chooses to pursue this option they must advise
the Committee within 14 days of receipt of letter as per 7.3.1 of their desire for mediation
7.4.1
Upon notification by the member of a request for mediation the Committee must take appropriate steps with the Department of Justice to arrange mediation, and apply for mediation within 14 days of the members request as per 7.4
7.4.2
Mediation is to take place before any further actions as per clauses 7.5 – 7.8 can be invoked.
7.5
Where either party is dissatisfied with the outcome of the mediation procedure they must advise the other party, within 14 days of the mediation process, of a desire to appeal to the club.
7.6
Where the Secretary receives a notice under sub-clause 7.5, he shall notify the Committee and the Committee shall convene a general meeting of the Club to be held within 13 weeks after the date on which the Secretary received the notice.
7.6.1
The resolution of the Committee as per 7.1 and upheld as per 7.3(c) shall remain in effect until this meeting takes place, and stay in effect unless revoked at the general meeting as per 7.8(a)i) or 7.8(c).
7.7
At a general meeting of the club convened under sub-clause 7.6:-
(a)
no business other than the business of the appeal shall be transacted;
(b)
the Committee may place before the meeting details of the grounds for the resolution;
(c)
the member, or person appointed by the member to act on their behalf, shall be given an opportunity to
be heard;
(d)
the members shall vote by secret ballot on the question “that the resolution should be confirmed”.
(e)
the Secretary, or acting Secretary, is to act as returning officer for the ballot.
7.8
If at the general meeting:-
(a)
If the party who was dissatisfied with the mediation procedure does not attend;
(i)
if the Committee is appealing the outcome of the mediation, the resolution as per 7.1 and upheld as per 7.3(c) shall be considered revoked
(ii)
if the member is appealing the outcome of the mediation, the resolution as per 7.1 and upheld as per 7.3(c) shall be considered confirmed
(b)
If a majority of the members in attendance vote in favour of the confirmation of the resolution, the resolution as per 7.1 and upheld as per 7.3(c) shall be considered confirmed;
(c)
In any other case, the resolution as per 7.1 and upheld as per 7.3(c) shall be considered revoked
Section B) Grievances involving Non-Disciplinary Measures
7. 9.
For any disputes arising between:-
(a)
2 or more club members
(b)
a club member and a person hired or appointed by the Committee
(c)
a club member and the Committee
and where such a dispute is deemed by the Committee to be:-
(i)
prejudicial to the interests of the club
(ii)
not subject to disciplinary action under Clause 7.1
the procedures set out below shall take effect.
7. 10.
The parties to the dispute must meet, subject to clause 7.11.1, within 14 days of the of the dispute arising
in the presence of a mediator to discuss the matter in dispute and, if possible, resolve the dispute.
7. 11.
The mediator must be:-
(a)
a person chosen by agreement between the parties or
(b)
in the absence of agreement:-
(i)
in the case of a dispute between a member and another member, a person appointed by the Committee
(ii)
in the case of a dispute between a member and a person hired or appointed by the Committee, a person appointed by the Committee
(iii)
in the case of a dispute between a member and the Committee, a mediator appointed by the Dispute Settlement Centre of Victoria, (Department of Justice).
7.11.1
In the event of 7.11(b)iii) a meeting within 14 days, as per 7.10 may not be possible, but the Committee must take appropriate steps with the Department of Justice to arrange mediation, and apply for mediation within 14 days.
7.12.
The mediator must not be one of the parties to the dispute.
7.13.
The mediator, at this meeting must:-
(a)
give all parties involved in the dispute an opportunity to be heard
(b)
allow due consideration by all parties of written statements submitted by any party
(c)
ensure that natural justice is accorded to the parties in the dispute throughout the mediation process.
7.14.
If the mediation process does not result in the dispute being resolved, either party can seek further arbitration by:-
(a)
in the case of a dispute between a member and another member referring the matter to the Committee who will make a ruling and advise both parties the decision.
(b)
in the case of a dispute between a member and a person hired or appointed by the Committee referring the matter to the Committee who will make a ruling and advise both parties the decision.
(c)
in the case of a dispute between a member and the Committee the Committee meeting within 14 days. At this meeting the Committee shall
(i)
give to the member, or person appointed by the member to act on their behalf, an opportunity to
be heard;
(ii)
give due consideration to any written statement submitted by the member; and
(iii)
in the absence of the member, or person appointed by the member to act on their behalf, determine a final decision in the dispute.
(iv)
provide the member in writing the decision of the Committee within 7 days.
ANNUAL GENERAL MEETING
8. 1.
The Club shall in each calendar year convene an annual general meeting of its members.
8. 2.
The annual general meeting shall be held on such day as the Committee determines.
8. 3.
The annual general meeting shall be specified as such in the notice convening it.
8. 4.
The ordinary business of the annual general meeting shall be:-
(a)
To confirm the minutes of the last preceding annual general meeting and of any general meeting held since that meeting;
(b)
To receive from the Committee reports upon the transactions of the Club during the last preceding financial year;
(c)
To elect officers of the Club and ordinary members of the Committee;
(d)
To receive and consider any statement submitted by the Club in accordance with section 30(3) of the Act.
8. 5.
The annual general meeting may transact special business of which notice is given in accordance with these rules.
8. 6.
The annual general meeting will be in addition to any special general meetings that may be held in the same year.
SPECIAL GENERAL MEETINGS
9.
All general meetings other than the annual general meeting shall be called special general meetings.
10. 1.
The Committee may, whenever it thinks fit, convene a special general meeting of the Club, and where, but for this sub-clause, more than 15 months would elapse between annual general meetings, shall convene a special general meeting before the expiration of that period.
10. 2.
Upon the written requisition of five members or 20% of the total membership of the Club, whichever is greater, the Committee shall convene a special general meeting of the Club.
10. 3.
The requisition for a Special General Meeting shall state the objects of the meeting and shall be signed by the members making the requisition and be send to the address of the secretary and may consist of several documents in like form, each signed by one or more of the members making the requisition.
10. 4.
If the Committee does not cause a Special General Meeting to be held within one month after the date on which the requisition is sent to the address of the Secretary, the members making the requisition, or any of them, may convene a Special General Meeting to be held not later than three months after that date.
10. 5.
A Special General Meeting convened by members in pursuance of these rules shall be convened in the same manner as nearly as possible as that in which those meetings are convened by the Committee and all reasonable expenses incurred in convening the meeting shall be refunded by the Club to the persons incurring the expenses.
NOTICE OF MEETINGS
11. 1.
Written notice of each general meeting of the Club shall be served on each member of the Club by delivering it to him or by sending it by prepaid post at his address appearing in the Register of Members. Such notice shall be served at least seven days prior to the general meeting.
11. 2.
No business other than that set out in the notice convening the meeting shall be transacted at the meeting.
11. 3.
A member desiring to bring any business before a meeting may give notice of that business in writing to the secretary, who shall include that business in the notice calling the next general meeting after receipt of the notice.
PROCEEDINGS AT MEETINGS
12. 1.
All business that is transacted at a special general meeting and all business that is transacted at the annual general meeting with the exception of that specially referred to in these rules as being the ordinary business of the annual general meeting shall be deemed to be special business.
12. 2.
No item of business shall be transacted at a general meeting unless a quorum of members entitled under these rules to vote is present during the time when the meeting is considering that item.
12. 3.
Five members or 20% of the membership, whichever is greater, personally present (being members entitled under these rules to vote at a general meeting) constitutes a quorum for the transaction of the business of a general meeting.
12. 4.
If, within half an hour after the appointed time for the commencement of a general meeting, a quorum is not present, the meeting if convened upon the requisition of members shall be dissolved and in any other case shall stand adjourned to the same day in the next week at the same time and (unless another place is specified by the Chairman at the time of the adjournment or by written notice to members before the day to which the meeting is adjourned) at the same place and if at the adjourned meeting the quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members present (not being less than five) shall be a quorum.
13. 1.
The president, or in his absence, the vice president shall preside as Chairman at each general meeting of the Club.
13. 2.
If the president and vice president are absent from a general meeting, the members present shall elect one of their number as Chairman.
14. 1.
The Chairman of a general meeting at which a quorum is present may, with the consent of the meeting, adjourn the meeting from time to time and place to place, but no business may be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
14. 2.
Where a meeting is adjourned for fourteen days or more, a like notice of the adjourned meeting shall be given as in the case of the general meeting.
14. 3.
Except as provided in sub-clauses 1 and 2, it is not necessary to give notice of an adjournment or of the business to be transacted at an adjourned meeting.
15.
A question arising at a general meeting of the Club shall be determined on a show of hands, and unless before or on the declaration of the show of hands a poll is demanded, a declaration by the Chairman that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, and an entry to that effect in the Minute Book of the Club is evidence of the fact, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution.
16. 1.
Upon any question arising at a general meeting of the Club, each member has one vote only.
16. 2.
All votes shall be given personally.
16. 3.
On an equality of voting, the Chairman shall declare the question resolved so as to maintain the status quo.
17. 1.
If at a meeting a poll on any question is demanded by not less than two members it shall be taken at that meeting in such manner as the Chairman may direct and the resolution of the poll shall be deemed to be a resolution of the meeting on that question.
17. 2.
A poll that is demanded on the election of a Chairman or on a question of an adjournment shall be taken forthwith and a poll that is demanded on any other question shall be taken at such time before the close of the meeting as the Chairman may direct.
18.
A member is not entitled to vote at any general meeting unless all moneys due and payable by him to the club have been paid.
COMMITTEE OF MANAGEMENT
19. 1.
The affairs of the Club shall be managed by a Committee of Management constituted as provided in rule 21.
19. 2.
The Committee:-
(a)
shall control and manage the business and affairs of the Club;
(b)
May, subject to these rules, the Regulations and the Act, exercise all such powers and functions as may be exercised by the Club other than those powers and functions that are required by these rules to be exercised by general meetings of the members of the Club;
(c)
Subject to these rules, the Regulations and the Act, has power to perform all such acts and things as appear to the Committee to be essential for the proper management of the business and affairs of the Club;
(d)
Shall determine which banking facility will be used by the Club;
(e)
may declare vacant the position of any of its members who has been absent without apology from three consecutive committee meetings; and
(f)
For the purpose of conducting games and tournaments shall have the power to make by-laws not inconsistent with these rules or the Laws of Chess as they apply in Australia.
20. 1.
The officers of the Club shall be:
(a)
a President;
(b)
a Vice President;
(c)
a Treasurer;
(d)
a Secretary.
20. 2
Except for the offices of secretary and treasurer, no two offices may be held concurrently by one person.
20. 3.
The provisions of Rule 22 so far as they are applicable and with the necessary modifications apply to and in relation to the elections of persons to any of the offices mentioned in sub-clause 20.1.
20. 4.
Each officer of the club shall hold office, subject to these rules, until the conclusion of the annual general meeting next after the date of his election but is eligible for re-election.
20. 5.
In the event of a casual vacancy in any office referred to in sub-clause 20.1, the Committee may appoint one of its members to the vacant office and the member so appointed may continue in office, subject to these rules, until the conclusion of the annual general meeting next following the date of his appointment.
21. 1.
Subject to section 23 of the Act, the Committee shall consist of:-
(a)
The Officers of the Club; and
(b)
Three ordinary members.
21. 2.
Each ordinary member shall hold office until the conclusion of the annual general meeting next after the date of his election but is eligible for re-election.
21. 3.
In the event of a casual vacancy in the office of ordinary member, the Committee may appoint a member of the club to the vacant office and the member so appointed may continue in office, subject to these rules, until the conclusion of the annual general meeting next following the date of his appointment.
ELECTION OF OFFICERS AND ORDINARY MEMBERS OF COMMITTEE
22. 1.
Nominations of candidates for election as an Officer of the Club or as an Ordinary Member of the Committee:-
(a)
Shall be made in writing, signed by two members of the Club and accompanied by the written consent of the candidate (which may be endorsed on the form of nomination)
(b)
Shall be delivered to the Secretary of the Club before the commencement of the Annual General Meeting at which the nomination is to be considered.
(c)
Shall be in respect of members who have been members for a continuous period of not less than one complete calendar year.
22. 2.
If there is only one candidate nominated for a vacancy, that candidate is deemed to be elected.
22. 3
If no nomination for a particular vacancy is received before the commencement of the Annual General Meeting, nominations shall be received from the floor of the meeting. In this event, clause 22.1 (c) shall not apply.
22. 4.
If there is more than one nomination for a position, a ballot shall be conducted.
22. 5.
The ballot for election of Officers and Ordinary Members of the Committee shall be conducted by exhaustive ballot.
22. 6.
The ballot for Ordinary members of the Committee shall be conducted separately.
22. 7.
Unless decided otherwise by resolution at the Annual General Meeting, Offices will be filled in the order listed in Rule 20.1, and then the Ordinary Members of the Committee shall be elected.
22. 8.
An Honorary life member shall retain all the rights and privileges of an ordinary member of the Club and may be elected as am officer of the Club or as an ordinary member of the committee
23.
For the purposes of these rules, the office of an officer of the Club or of an ordinary member of the Committee becomes vacant if the officer or member:-
(a)
Ceases to be a member of the Club;
(b)
Becomes an insolvent member under administration within the meaning of the Companies (Victoria) Code; or
(c)
Resigns his office by notice in writing given to the secretary.
PROCEEDINGS OF COMMITTEE
24. 1.
The Committee shall meet at least 3 times in each year at such place and such times as the President may determine.
24. 2.
Special meetings of the Committee may be convened by the President or by any 3 of the members of the Committee.
24. 3
Notice shall be given to members of the Committee of any special meeting specifying the general nature of the business to be transacted and no other business shall be transacted at such a meeting.
24. 4.
Any majority of members of the Committee constitutes a quorum for the transaction of the business of a meeting of the Committee.
24. 5.
No business shall be transacted 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 shall stand adjourned to the same place and at the same hour of the same day in the following week unless the meeting was a special meeting in which case it lapses.
24. 6.
At meetings of the Committee:-
(a)
The President or in his absence the vice-president shall preside; or
(b)
If the President and the vice-president are absent, such one of the remaining members of the Committee as may be chosen by the members present shall preside.
24. 7.
Questions arising at a meeting of the Committee or of any sub-committee appointed by the Committee shall be taken by a show of hands or, if demanded by a member, by a poll taken in such manner as the person presiding the meeting may determine.
24. 8.
Each member present at a meeting of the committee or of any sub-committee appointed by the Committee (including the person presiding at the meeting) is entitled to one vote and, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.
24. 9.
Written notice of each committee meeting shall be served on each member of the Committee by delivering it at a reasonable time before the meeting or by sending it prepaid post addressed to him at his usual or last known place of abode at least two business days before the date of the meeting.
24. 10.
Subject to sub-clause (4) the Committee may act notwithstanding any vacancy on the Committee.
SECRETARY
25.
The Secretary of the Club shall:-
(a)
serve notices in accordance with these rules; and
(b)
keep minutes of the resolutions and proceedings of each general meeting and each committee meeting in books provided for that purpose together with a record of the names of persons present at meetings.
TREASURER
26. 1.
The treasurer of the Club:-
(a)
shall collect and receive all moneys due to the Club and make all payments authorised by the Club; and
(b)
shall keep correct accounts and books showing the financial affairs of the Club with full details of all receipts and expenditure connected with the activities of the Club.
26. 2.
The accounts and books referred to in sub-clause (1) shall be available for inspection by members.
REMOVAL OF MEMBERS OF COMMITTEE
27. 1.
The Club in general meeting may by resolution move any member of the Committee before the expiration of his term and appoint another member in his stead to hold office until the expiration of the term of the first-mentioned member.
27. 2.
Where the member to whom a proposed resolution referred to in sub-clause (1) makes representations in writing to the secretary or President of the Club (not exceeding a reasonable length) and requests that they be notified to the members of the Club, the secretary or the President may send a copy of the representations to each member of the Club or, if they are not so sent, the member may require that they be read out at the meeting.
CHEQUES
28. 1.
All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by two members of the Committee.
SEAL
29. 1.
The Common Seal of the Club shall be kept in the custody of the secretary.
29. 2.
The Common Seal shall not be fixed to any instrument except by the authority of the Committee and the affixing of the Common Seal shall be attested by the signatures either of two members of the Committee or of one member of the Committee and of the Public Officer of the Club.
ALTERATION OF RULES AND STATEMENT OF PURPOSES
30. 1.
These rules and the statement of purposes of the Club shall not be altered except in accordance with the Act.
NOTICES
31. 1.
A notice may be served by or on behalf of the Club upon any Member either personally or by sending it by post to the Member at the address shown in the Register of Members.
31. 2.
Where a document is properly addressed prepaid and posted to a person as a letter, the document shall, unless the contrary is proved, be deemed to have been given to the person at the time at which the letter would have been delivered in the ordinary course of post.
WINDING UP OR CANCELLATION
32.
In the event of the Club being dissolved, the assets and monies which remain after such dissolution and the satisfaction of all debts and liabilities, shall be paid and applied by the committee in accordance with their powers to any fund, institution or authority which is a non-profit organisation and exempt from the payment of income tax under section 23 of the Tax Assessment Act.
CUSTODY OF RECORDS
33.
Except as otherwise provided in these rules, the secretary shall keep in his custody or under his control all books, documents and securities of the Club.
FUNDS
34.
The funds of the Club shall be derived from entrance fees, annual subscriptions, donations and sponsorships, tournament entry fees and such other sources as the Committee determines.
35.
The assets and income of the Club shall be applied solely in furtherance of its above mentioned objectives, and no portion shall be distributed directly or indirectly to the members of the organisation except as bona fide compensation for services rendered or expenses incurred on behalf of the Club.
DANDENONG CHESS CLUB INC.
STATEMENT OF PURPOSES.
The purposes of the Club shall be:-
1.
To promote and advance the game of chess.
2.
To arrange and manage intra and inter-club chess and all things which relate thereto.
3.
To acquire (by purchase, lease or otherwise) any real or personal property any rights or privileges which the Club may think necessary or convenient.
4.
To borrow or raise such monies in such manner and either with or without security and for that purpose to execute or issue such mortgages, charges or debentures or other instruments as the Club may from time to time see fit.
5.
To arrange where applicable for the representation of the Club on the "Victorian Chess Association Inc." or any body of a similar nature formed for the purpose of promoting or controlling the game of chess.
6.
To organise and run chess training programs.
7.
To do any such things as the Club deems necessary to facilitate the advancement of chess.
