The Perth Bushwalkers Club Constitution
is called the "Rules of Perth Bushwalkers Club (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 it.
1. NAME OF CLUB
The name of the club shall be the "Perth
Bushwalkers Club (Inc)", hereinafter referred to
as the Club.
2. DEFINITIONS
For the purposes of these Rules:
(a) A General Meeting is defined as
either an Annual General Meeting, held in accordance with
Rule 10 of these Rules, or an Extraordinary 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
mailing.
(c) A Member is a member of the Club whose application
has been accepted in accordance with Rule 6(a) of these
rules.
(d) An Eligible Member at a General Meeting is a Member
who has attended at least one Club activity in the previous
12 months, and whose membership was current on the day
prior to the commencement of the meeting.
(e) The Committee shall be a group of Members as defined
in Rule 9 of these Rules.
(f) The Executive Officers of the Club are the President,
Secretary and Treasurer of the Club.
3. OBJECTS
The objects of the Club shall be:
(a) To organise bushwalks and related
activities.
(b) To encourage the development of skills relevant to
bushwalking.
(c) To promote an awareness of and an empathy for the
Western Australian bushwalking environment and to promote
its conservation.
4. POWER
The Club has the power to do all such
things as are necessary, incidental to or conducive to
the attainment of the objects of the Club.
5. INCOME AND PROPERTY
(a) The income and property of the Club
shall be applied solely towards the promotion of the Objects
of the Club.
(b) No portion of the income or property shall be paid,
transferred or distributed directly or indirectly to the
members of the Club except for reimbursement of expenses
incurred on behalf of the Club.
6. MEMBERSHIP
(a) (i) To become a Member of the Club,
a person shall submit an application on a form approved
by the Committee, together with membership fees due.
(ii) The Committee shall either accept or reject an application
without being required to give reasons.
(iii) If an application is rejected, all membership fees
accompanying the application shall be refunded.
(b) 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 Executive
Officer 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 and to bushwalking
in Western Australia.
(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 reqired 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 6(a)(iii).
9. COMMITTEE
(a) The management of the Club shall
be the responsibility of the Committee.
(b) Committee members shall be elected in accordance with
Rule 10(c)(v) of these Rules or appointed in accordance
with Rule 9(g) of these Rules.
(c) The Committee shall consist of no more than 15 and
no less than 8 members of the Club.
(d) The Committee shall consist of a President, Secretary
and Treasurer and other Committee members as determined
at the Annual General Meeting.
(e) No member shall serve more than three consecutive
terms as an Executive Officer, nor more than four consecutive
terms as a Committee Member, which shall also include
terms as an Executive Officer.
(f) All Committee positions must be declared vacant at
the Annual General Meeting.
(g) 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.
(h) The Committee shall meet a minimum of four times per
year to conduct the business of the Club.
(i) Any three members of the Committee together shall
have the power to call a meeting of the Committee.
(j) At least 7 days notice of Committee meetings shall
be given to all members of the Committee.
(k) The quorum for Committee meetings shall be 51% of
the Committee.
(l) At every Committee meeting, a motion put to the vote
shall be decided by a numerical majority of the Committee
members present.
(m) The chairperson at all Committee meetings may have
a casting vote in addition to a deliberate vote.
(n) The Committee shall have the power to form subcommittees
and shall define their terms of reference. Such subcommittees
may be disbanded by the Committee.
(o) All Committee decisions and actions are valid unless
made fraudulently or in bad faith.
10. ANNUAL GENERAL MEETING
(a) The Annual General Meeting shall
be commenced within 60 days of the end of the Club financial
year.
(b) The quorum shall consist of at least 20% of the Eligible
Members.
(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 an audited balance sheet for the previous
Club financial year.
(iv) Any other reports.
(v) Election of the Committee.
(vi) The appointment of an Auditor.
(vii) Notices of Motion.
(viii)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. EXTRAORDINARY GENERAL MEETING
(a) An Extraordinary 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. An Extraordinary 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 an
Extraordinary General Meeting.
(b) The quorum shall consist of at least 20% of the Eligible
Members.
(c) If a quorum is not present within 45 minutes of the
scheduled starting time, the Extraordinary 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
not be accepted.
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
Minutes shall be kept of all General
Meetings and Committee Meetings, and copies shall be provided
to any Member following a request by that Member.
16. SUSPENSION OR EXPULSION
(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.
(b) The Member whom it is proposed to suspend or expel
may attend this meeting for the purpose of being heard.
(c) (i) Any Member who is suspended or expelled shall
be notified in writing of the decision by the Committee
within seven days.
(ii) There shall be a right of appeal against a decision
to suspend or expel a Member.
(iii)Any request for an appeal must be in writing to an
Executive Officer within 14 days of notification of the
decision.
(iv) An Extraordinary General Meeting shall be called
within 30 days of receipt of the written request.
(v) The Extraordinary General Meeting shall hear the Member's
appeal and may confirm, vary or reverse the Committee
decision.
17. FINANCE
(a) The Club financial year shall be
from the 1st April to the 31st March.
(b) The Committee shall cause true accounts to be kept
of the monies received and expended.
(c) An audited 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) The accounts shall be audited by the Auditor who shall
make a report on the accounts.
(e) 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.
(f) Monies shall only be drawn from Club accounts by cheque.
(g) A minimum of two Committee Members are required to
sign each cheque. All Committee Members are empowered
to become signatories.
(h) All cheques exceeding $500 must be approved by the
Committee and the decision recorded in the minutes.
(i) The accounts shall be open to inspection by any Member
upon giving reasonable notice to the Treasurer.
18. AUDITOR
The Auditor shall be appointed by resolution
at the Annual General Meeting to audit the accounts and
shall not be a member of the Committee.
19. COMMON SEAL
(a) The Club shall have a Common Seal
(b) The Common Seal shall not be used without the express
authority of the Committee and every use of that Common
Seal shall be recorded in the minutes of a Committee meeting.
(c) The Common Seal shall be affixed by an Executive Officer
of the Club in the presence of two other members of the
Committee, both of whom shall ascribe their names as witnesses.
(d) The Common Seal shall be kept in the control of the
President.
20. DISSOLUTION
(a) The Club may at any time, with the
consent of 75% of the Eligible Members present at an Extraordinary
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.
21. INSPECTION OF RULES
These rules shall be open to inspection
by any member of the Club.
22. 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 1987.
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