The name of the incorporated Club is The Albert Park Yachting and Angling Club (in these Rules called the Club).
In these Rules, unless the contrary intention appears: -
Act means the Associations Incorporation Act 1981;
Committee means the committee of management of the Club;
Financial year means the year ending on 30 June;
General meeting means a general meeting of members convened in accordance with these Rules;
Gember means a member of the Club;
Ordinary member of the committee means a member of the committee who is not an officer of the Club under Rule 22;
Regulations means regulations under the Act;
Relevant documents has the same meaning as in the Act
In these Rules, a reference to the Secretary of the Club is a reference
if a person holds office under these Rules as Secretary of the Club to that person; and
in any other case, to the public officer of the Club.
These Rules and the statement of purposes of the Club must not be altered except in accordance with the Act.
The club shall consist of the following categories of member:
• Full members
• Affiliate members
• Provisional members
• Life members
• Honorary members
• Junior members
• Country members
Members become members and are entitled to exercise the rights of membership as set out in these Rules when their names are entered in the register of members.
Rules for the Albert Park Yachting and Angling Club
Any person of the age of 18 years or above may become a full member if his or her application for full membership is accepted and he or she pays the appropriate subscription fee.
Full members shall be eligible to exercise all rights and privileges of a member of the Club.
Full membership is limited to 500 members.
Partners, and children under the age of eighteen, of full members shall be affiliate members. Children as defined in this rule must be accompanied by a member when attending the Club.
Affiliate members are entitled to social rights and to the use of the Club house and shall have no boat house or launching rights and shall not be entitled to vote at any meeting of the Club or in any election and shall not be entitled to nominate any other member for election.
Provisional members are entitled to social rights and to the use of the Club house when the bar is open, and may hire club boats and enter angling competitions. They will not be issued with a key to club premises and shall have no boathouse or launching rights and shall not be entitled to vote at any meeting of the Club or in any election and shall not be entitled to nominate any other member for election.
A provisional member shall remain a provisional member until such time as he/she is offered full membership as a result of a vacancy arising on the full membership list. He/she will become a full member upon paying the required fee and being placed on the full membership list.
The number of Provisional Members on the Provisional Members register will be determined annually by the Committee at the first convenient meeting after the Annual General Meeting.
Any person who resides more than 60kms from the Club’s premises may apply to become a Country Member and any member whose usual residence is more than 60kms from the Club’s premises may apply to transfer to country membership.
Country members will have access to the Club’s premises during the hours when the bar is open on a maximum of only 10 occasions of their own choice during the Club year. This includes Official Club Functions. If a country member requires access more frequently than 10 times during the Club year, the country member must transfer to another category of membership or gain admittance as a guest of a member.
Country members are entitled to all social rights of the Club and to the use of the Club premises when the bar is open. They may hire club boats and enter Club Angling Competitions
Country members shall have no boathouse or launching rights for their own boats, and shall not be entitled to vote at any meeting of the Club or in any election, and shall not be permitted to nominate any member for election
One life membership only may be awarded during any one financial year.
The procedure for election of a life member is as follows:
Nominations for life membership shall be in writing and signed by 2 financial full members who are not members of the Committee.
Nominations for life membership shall be delivered to the Secretary in a sealed envelope endorsed “Nomination for life membership” at least 14 days prior to the annual general meeting.
The Committee shall open the envelopes at a meeting of the Committee prior to the annual general meeting and shall select one nominee whose services to the Club, in the opinion of the Committee, has been so exceptional as to merit the awarding of life membership.
The President shall confer the selected nominee with life membership at the annual general meeting in that year.
If, in the opinion of the Committee, no nominee has the necessary qualifications, or there have been no nominations, no award shall be made.
Life members shall be eligible to exercise all rights and privileges of a member of the Club.
A life member shall be relieved of the requirement to pay the annual subscription, and shall not be relieved of any other financial obligation to the Club.
The Committee may, at any time elect as an honorary member for any specified period any person the Committee deems fit.
An honorary member shall be entitled to all the privileges of the Club except the right to vote or to hold office or to nominate any other person for election under these Rules.
An honorary member shall have no claim or interest in the property or funds of the Club.
The Committee may terminate any honorary membership at any time.
Any person from the age of 14 to 17 inclusive can become a junior member if his or her nomination is accepted.
When Junior Members reach the age of 18 they may take up full membership by paying the appropriate subscription for full membership. If this occurs after the beginning of the Club year, the Committee may reduce the subscription for that member for the remainder of that year on a pro-rata basis. If Club membership is full at the time, the junior member will go to the head of the Provisional Membership List.
A Junior Member is not entitled to vote at meetings or elections, hold any office, or nominate or second the nomination of another person for any office.
All Junior Members have the same rights as provisional members, but may enter Junior or Senior fishing competitions.
Junior members will pay an annual fee of 15% of Full Members Subscription.
Membership not transferable
A right or privilege, or obligation of a person by reason of membership of the Club:
is not capable of being transferred or transmitted to another person; and
terminates upon the cessation of membership whether by death or resignation or otherwise.
Annual subscriptions for all categories of members will be set at each Annual General Meeting, and are payable on or before 30 September in each year. Failure by a member to pay the annual subscription by the due date will result in his/her membership lapsing.
The annual subscription for provisional and country members will be approximately 80% of the annual subscription for full members.
The annual subscription for junior members will be approximately 15% of the annual subscription for full members.
Applications must be made in writing and lodged with the secretary on a form determined by the committee which must be signed by a proposer & seconder and accompanied by a $20 application fee, or such other amount as approved by the members.
A member may nominate or second the application for membership of no more than three new members in any one Club year.
As soon as practicable, an up-to-date list of new applicants or a photocopy of the application forms will be posted on the Club Notice Board for the scrutiny of members for a period of at least fourteen days.
A motion must then be passed at the next convenient Committee meeting either accepting or declining the application. Applicants whose nominations are rejected must be informed in writing of the fact withinfourteen days of the decision.
Successful applicants will be informed that they are on the waiting list, and their names recorded in the waiting list of members in the order in which they are received.
As a vacancy occurs on the Provisional Members List, the next available applicant on the waiting list will be mailed an invitation to join the Club as a Provisional Member. The applicant will also be informed in the letter that within fourteen days of its receipt he/she must answer in writing, and that he/she will be given a further fourteen days to pay the appropriate fee.
If the candidate does not answer, or refuses the membership, his/her name will be removed from the waiting list.
A person whose application for membership has been rejected or who has failed to take up an offer of membership shall not be entitled to apply for membership again for a period of 12 months.
If the invitation is accepted, the Committee, as soon as convenient, will invite the candidate and his/her proposer to a special meeting with the Committee for an introductory interview and welcome to the Club. This could very well be part of a routine Committee Meeting.
At the introductory meeting, the candidate will be interviewed in the presence of his/her proposer by at least one Committee Member to ensure that he/she fully understands the rules of the Club -particularly the rights of a Provisional Member - and rules and responsibilities regarding provision of meals, consumption of liquor, introduction of guests, personal demeanour, and the angling and social activities of the Club.
All Candidates present on that night will then be addressed by the President or his deputy, and formally welcomed into the Club as provisional members.
Upon payment of the appropriate fee by the candidate, and after attendance at the Committee Meeting referred to in 6.9 above, the secretary will enter the name of the new member in the Provisional Members List.
New Provisional members will be encouraged to attend the earliest possible general meeting of the Club, where they will be officially introduced to the Club Members present.
The Secretary must keep and maintain a register of members containing:
the name and address of each member; and
the date on which each member’s name was entered in the register; and
the particulars of payment of the last subscription (if any) for membership paid by the member; and
the category of membership to which the member belongs.
A member of the Club who has paid all moneys due and payable by a member to the Club may resign from the Club by giving one month's notice in writing to the Secretary of his or her intention to resign.
After the expiry of the period referred to in sub-rule 7.1 the member ceases to be a member, and the Secretary must record in the register of members the date on which the member ceased to be a member.
A member of the Club who dies will be deemed to have resigned from the Club when that member dies.
A member of the Club who has resigned, or is deemed to have resigned, from the Club must return that member’s security pass to the Club.
Please Note: Club Membership Subscription Fees are NON refundable.
For the purposes of this Rule 9, unless the contrary intention appears Allegation of Misconduct means an allegation that a member has:
breached any of these Rules;
been convicted of an indictable offence;
behaved in an unbecoming manner; or
acted in a manner prejudicial to the interests of the Club.
Appeal Hearing means a meeting held in accordance with sub-rules 9.9 and 9.11.
Appeal Sub-Committee means the sub-committee constituted in accordance with sub-rule 9.10.
Complaints Hearing means a meeting at which the Complaints Sub-Committee investigates Allegations of Misconduct.
Complaints Sub-Committee means the sub-committee constituted in accordance with sub-rule 9.3.
The President or President’s nominee shall investigate and then refer to the Complaints Sub-Committee any Allegation of Misconduct, unless the President or the President’s nominee determines the allegation has no material substance.
Rules for the Albert Park Yachting and Angling Club
The Complaints Sub-committee must:
consist of 3 members of the Club, one of whom must be a committee member; and
make its decisions by majority vote of its members.
The Complaints Sub-Committee must investigate all Allegations of Misconduct referred to it in accordance with sub-rule 9.2. If after its investigations, a majority of the Complaints Sub-Committee is satisfied that an Allegation of Misconduct is established, the Complaints Sub-Committee may, by resolution, decide to:
take no action; or
reprimand the member; or
impose such restrictions, as may be determined by the Complaints Sub-Committee, on the rights of the member while remaining a member of the Club; or
suspend the member for a period to be determined by the Complaints Sub-Committee; or
expel the member from the Club.
Where an Allegation of Misconduct has been referred to the Complaints Sub-Committee in accordance with sub-rule 9.2, the President or the President’s nominee must post to the member written notice setting out:
the substance of the allegation; and
the date, time and place of the Complaints Hearing.
A member against whom an Allegation of Misconduct has been made, may:
appear before the Complaints Sub-Committee at the Complaints Hearing, alone or with representation, but not legal representation; or
make written representation to the Complaints Sub-Committee, which must be delivered to the President not later than 2 business days prior to the date and time of the Complaints Hearing.
Following a decision being made by the Complaints Sub-Committee in accordance with sub-rule 9.4, the member must be informed of that decision either by:
the Complaints Sub-Committee informing the member of the decision at the conclusion of the Complaints Hearing; or
the President or the President’s nominee, within 10 business days of the conclusion of the Complaints Hearing, posting to the member written notice setting out the decision.
A member may appeal against a decision of the Complaints Sub-Committee made in relation to an Allegation of Misconduct against that member by delivering, within 20 business days of the conclusion of the Complaints Hearing, written notice to the President that the member wishes to appeal against the decision.Rules for the Albert Park Yachting and Angling Club
The appeal will be heard by an Appeal Sub-Committee and will consist of a re-hearing of the Allegation of Misconduct. The President or President’s nominee must post to the member written notice setting out the date, time and place of the Appeal Hearing.
The Appeal Sub-Committee must:
consist of 3 members of the Club at least 1 of whom must be members of the committee, but must not include any member of the Complaints Sub-Committee which investigated the Allegation of Misconduct; and
decide by a majority vote of its members.
A member making an appeal against a decision of the Complaints Sub-Committee may:
appear before the Appeal Sub-Committee at the Appeal Hearing, alone or with representation, but not legal representation; or
make written representation to the Appeal Sub-Committee, which must be delivered to the President not later than 2 business days prior to the date and time of the Appeal Hearing.
Following its own investigations of the Allegation of Misconduct, the Appeal Sub-Committee may resolve to:
dismiss the appeal;
revoke the resolution of the Complaints Sub-Committee; or
take any other action available to the Complaints Sub-Committee under sub-rule 9.4.
Following a decision being made by the Appeal Sub-Committee in accordance with sub-rule 9.12, the member must be informed of that decision either by:
the Appeal Sub-Committee informing the member of the decision at the conclusion of the Appeal Hearing; or
the President or the President’s nominee, within 10 business days of the conclusion of the Appeal Hearing, posting to the member written notice setting out the decision.
A member who has been suspended must (if the member has not done so already) pay in full the fees, subscriptions and levies applicable to the member and must, at the time the member is suspended, return that member’s security pass to the President for the period of the suspension. During the period of the suspension the member will not be entitled to exercise any of the rights, privileges, entitlements or benefits of membership of the Club or receive a refund of any fees, subscriptions or levies paid in respect of the period for which the member is suspended.
A member who has been expelled must, at the time the member is expelled, return that member’s security pass to the President. An expelled member is not entitled to:
enter the Clubhouse even as a guest of another member; or
receive a refund of any fees, subscriptions or levies.
The grievance procedure set out in this rule applies to disputes under these Rules between -
10.1A. This Rule 10 has no operation or effect in matters the subject of the application of Rule 9.
a member and another member; or
a member and the Club other than in matters dealt with in accordance with Rule 9
The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.
If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days, hold a meeting, in the presence of a mediator.
The mediator must be:
a person chosen by agreement between the parties; or
in the absence of agreement
in the case of a dispute between a member and another member, a person appointed by the committee of the Club; or
in the case of a dispute between a member and the Club, a person who is a mediator appointed or employed by the Dispute Settlement Centre of Victoria (Department of Justice).
A member of the Club can be a mediator.
The mediator cannot be a member who is a party to the dispute.
The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
The mediator, in conducting the mediation, must:
give the parties to the mediation process every opportunity to be heard; and
allow due consideration by all parties of any written statement submitted by any party; and Rules for the Albert Park Yachting and Angling Club
ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.
The mediator must not determine the dispute.
If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.
Unless otherwise determined by the Committee in accordance with these Rules, the annual general meeting of the Club shall be held on the first Wednesday of August in each year at the Club House at 6.30 pm.
The election of office bearers will begin at 6.30 pm and close at 8.00 pm.
The notice convening the annual general meeting must specify that the meeting is an annual general meeting.
The ordinary business of the annual general meeting shall be:
to elect officers of the Club and the ordinary members of the committee; and
to confirm the minutes of the previous annual general meeting; and
to receive from the committee reports upon the transactions of the Club during the last preceding financial year; and
to receive and consider the statement submitted by the Club in accordance with section 30(3) of the Act.
The annual general meeting may conduct any special business of which notice has been given in accordance with these Rules.
In addition to the annual general meeting, there shall be a general meeting held each month except January.
All general meetings other than the annual general meeting are special general meetings.
Unless otherwise determined by the Committee in accordance with these Rules, a special general meeting shall be held in the Clubhouse at 7.30 pm
on the first Wednesday of each month except that no special general meeting shall be held in January.
If, in the opinion of the Committee, it is not practicable to hold a special general meeting at the time and place set out in the previous sub-rule, the Committee may, in accordance with these Rules change a monthly general meeting to another place and/or another day or time in the month.
If, but for this sub-rule, more than 15 months would elapse between annual general meetings, the committee must cause an election to be held at the special general meeting before the expiration of that period.
If the Committee fails to convene a monthly special general meeting in accordance with these Rules, the members may convene a special general meeting on the first Wednesday of any month at 7.30pm inthe Clubhouse.
If a special general meeting is convened by members in accordance with sub-rule 11.6, it must be convened in the same manner so far as possible as a meeting convened by the committee and all reasonable expenses incurred in convening the special general meeting must be refunded by the Club to the persons incurring the expenses.
The ordinary business of a special general meeting shall be:
to confirm the minutes of the previous special general meeting; and
to receive from the committee reports upon the transactions of the Club during period since the previous special general meeting; and
to conduct any special business of which notice has been given in accordance with these Rules.
All business that is conducted at a general meeting, except for business conducted under the rules as ordinary business of the general meeting, is deemed to be special business.
A member intending to bring any special business before a meeting must notify in writing, or by electronic transmission, the Secretary or the President of that business at least 28 days prior to the general meeting.
No notice of general meetings shall be required to be sent to members unless:
the Committee has determined, in accordance with these Rules, to change the time, date or place of a general meeting from those specified in these Rules; or
the Club has received notice of special business to be conducted at the general meeting.
the Committee has determined to convene a general meeting at a time, place or date other than those specified in these Rules, or
notice of special business has been received in accordance with these Rules - the Secretary of the Club, at least 7 days, or such longer period as required by the Act, before the date fixed for holding the general meeting of the Club,
must cause to be sent to each member of the Club a notice stating the place, date and time of the meeting and the nature of the business to be conducted at the meeting.
Notice shall be posted on the notice board in the Clubhouse and shall be sent:
by prepaid post to the address appearing in the register of members; or
if the member requests, by facsimile transmission or electronic transmission.
The notice may be included in the Club’s newsletter which is delivered in accordance with sub-paragraph 13.3.1 or 13.3.2.
No special business other than that set out in the notice convening the meeting may be conducted at the general meeting.
No item of business may be conducted at a general meeting unless a quorum of members entitled under these Rules to vote is present at the time when the meeting is considering that item.
Twenty five members personally present or by proxy (being members entitled under these Rules to vote at a general meeting) constitute a quorum for the conduct of the business of a general meeting.
If, within half an hour after the appointed time for the commencement of a special general meeting, a quorum is not present - the meeting must be dissolved.
If, within half an hour after the appointed time for the commencement of an annual general meeting a quorum is not present, the meeting shall stand adjourned to the same day in the next week at the same time at the same place unless another place or time is specified by the Chairperson at the time of the adjournment or by written notice to members given before the day to which the meeting is adjourned.
If at the adjourned annual general meeting the quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members personally present (being not less than 10) shall be a quorum.
The President, or in the President's absence, the Vice-President, shall preside as Chairperson at each general meeting of the Club.
If the President and the Vice-President are absent from a general meeting, or are unable to preside, the members present must select one of their number to preside as Chairperson.
The person presiding may, with the consent of a majority of members present at the meeting, adjourn the meeting from time to time and place to place.
No business may be conducted at an adjourned meeting other than the unfinished business from the meeting that was adjourned.
If a meeting is adjourned for 14 days or more, notice of the adjourned meeting must be given in accordance with rule 13 except as provided in this sub-rule, it is not necessary to give notice of an adjournment or of the business to be conducted at an adjourned meeting.
Upon any question arising at a general meeting of the Club, a member has one vote only.
All votes must be given personally or by proxy, which proxy is appointed in accordance with these Rules except that voting at Annual elections must be given personally. Proxy votes or postal votes will not be allowed.
In the case of an equality of voting on a question, the Chairperson of the meeting is entitled to exercise a second or casting vote.
A member is not entitled to vote at a general meeting unless all moneys due and payable by the member to the Club have been paid, other than the amount of the annual subscription payable in respect of the current financial year.
If at a general meeting a poll on any question is demanded by not less than 10 members, it must be taken at that meeting in such manner as the Chairperson may direct and the resolution of the poll shall be deemed to be a resolution of the meeting on that question.
A poll that is demanded on the election of a Chairperson or on a question of an adjournment must be taken immediately and a poll that is demanded on any other question must be taken at such time before the close of the meeting as the Chairperson may direct.
|If a question arising at a general meeting of the Club is determined on a show of hands - a declaration by the Chairperson that a resolution has been:
carried unanimously; or
carried by a particular majority; or
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.
Each member is entitled to appoint the chairperson of a meeting as his/her proxy by notice given to the Secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed. However, proxy votes or postal votes are not allowed at Annual Elections – see rule 17.2
The notice appointing the proxy must:
be for a meeting of the Club convened under these Rules, in the form approved by the Committee; and
direct how the chairperson is to cast the vote of the person appointing the proxy and does not provide for the chairperson to cast a vote at the chairperson’s discretion.
The affairs of the Club shall be managed by the committee of management.
Each year the Committee will elect an Angling Committee of six Club members which will be responsible for the scheduling of competitions and trophies and the management of same.
The numbers and types of trophies shall be recommended each year by the Executive for the approval of members.
The Committee may appoint other sub-committees as it sees the need.
shall control and manage the business and affairs of the Club; and
may (subject to these Rules, the Act and the Regulations) 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; and
subject to these Rules, the Act and the Regulations, 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 theClub.
Without limiting the foregoing the committee shall be entitled from time to time to make By Laws and Regulations for the management of the Club and the conduct of the members and guests, and in particular to the use and operation of the Boat House. Such By Laws and Regulations are to be communicated to the members in a manner determined by the Committee.
Each member of the committee shall be appointed for a term of three years.
Four committee members will retire each year as their terms expire, but may nominate for re-election.
At the Annual General Meeting to be held on 3 August 2005, of the twelve members elected, four will be appointed for a term of three years; four will be appointed for a term of two years; and four will be appointed f or a term of one
year. The above terms of appointment will be drawn by lot in a manner agreed to by the newly elected committee at the first committee meeting.
The officers of the Club shall be:
• a President;
• a Vice-President;
• a Treasurer;
• a Secretary;
• an Assistant Secretary; and
• a Boat House Captain.
The committee shall elect the executive office holders from their number.
The process for the election of executive office holders shall be as follows:
Each year the committee shall meet immediately after the close of the annual general meeting for the sole purpose of conducting an election.
The committee shall elect one of their number to preside as chair at the meeting.
The chair shall call for nominations for the executive officer holders set out in rule 24.1 above, in the order set out in that rule.
The election for each executive office holder shall be completed prior to the calling for nominations for the next executive office holder.
Any member of the committee can nominate any other member of the committee for any executive office.
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