Club By-Laws & Rules

(as adopted at the Annual General Meeting of 4th October, 2000)

(Rule 14.2 revised on 13th May 2009)

 

1.0           NAME

1.1              The name of the Club is SHOALHAVEN ROWING CLUB INC.

1.2              The name of the Club shall not be altered without the consent of three fourths of the members present and voting at a Special General Meeting called for that purpose.

 

2.0           OBJECTS

2.1              The objects of the Club shall be:

  1. to promote the sport of amateur rowing and sculling
  1. to purchase, take on lease or exchange, rent, hire or to otherwise acquire and hold any real or personal property and to sell, mortgage, let, sub-let, grant licenses in respect of and otherwise deal with such property.
  1. to encourage promote and pursue such other games, sports or recreations as in the opinion of the Committee can be carried on by the Club without limitations of space or location.
  1. generally to do all such matters or things that may to be directly or indirectly or conducive to the attainment or furtherance of the above objects or any one of them.

 

3.0           MEMBERS

3.1              The Club shall consist of Life, Honorary, Active and Non-Rowing members.

3.2              Any member who has given the Club distinguished service and been recommended for Life Membership by a three fourths majority at full meeting of the General Committee, may be elected as such by a three fourths majority of the members present and voting at the Annual General Meeting.

3.3              Active members shall consist of Senior and Junior members.

3.4              Any members who shall not have attained the age of 18 years at the date of which his/her annual subscription falls due, shall be a Junior member.

3.5              Active members shall be entitled to all privileges of membership.

3.6              Non-Rowing members shall enjoy all privileges of membership except access to the boats.

3.7              Any member who has been a member for 35 years and has reached the age of 60 years shall become an Honorary member.

3.8              All members shall be bona fide amateurs as defines by the Constitution of the Australian Amateur Rowing Council.

 

4.0           NOMINATION FOR MEMBERSHIP

4.1              All such membership shall comply to Page 2, Section 3 of Incorporation of Association Rules and every such proposal shall contain the question “Can you swim 100 metres dressed in full rowing costume minus boots?” and such question shall be answered in the affirmative before the candidate shall be admitted as an active member.

4.2              To confer honorary membership on any other person for any period, at any one time not exceeding twelve months on such terms and conditions as it may from time to time determine, save that such persons shall not be entitled to vote at General Meetings of the Club nor seek election as an Officer of the Club or to the General Committee. Such members shall be called Honorary Associate Members.

 

5.0           SUBSCRIPTIONS

5.1              The financial year shall commence on the 1st  October each year when all subscriptions shall become due and payable.

5.2              The Annual Subscription to the Club shall be any such fee as determined by the members at the Annual General Meeting.

  1. New Memberships (part year) – Annual Subscription fees to be based on the annual fee and calculated on the months remaining in the financial year (including the month in which the person joins) ie $160.000 divided by 12 x by months still left in financial year. Full application fee is payable.
  1. In addition to the Annual Subscription, new members will pay an Application Fee.
  1. If renewal is not paid by the 1st November, the Application Fee will be payable again.

5.3              Any member, who intends to leave Nowra for a period of six months or more, during which period he will be unable to function as an active member, may, on signifying his/her intention in writing to the Secretary, be placed by the Committee on an honorary list for the period of his/her absence.

5.4              If any member has not paid his/her subscription on or before the 1st October each year, s/he shall not be eligible to take part in any Club Activity, Regatta or Race until fees have been paid.

5.5              Members joining at the beginning or during the currency of the financial year shall be considered as joining until the end of that financial year.

5.6              In addition to Annual Subscription payable under rule 5.2, a levy or levies may be made on all Active and Non Rowing members. If in the opinion of the Committee such levy or levies are necessary the motion imposing same shall be placed before a Special General Meeting or Annual Meeting of members. The motion shall state:

  1. the nature and reason for levy
  1. the amount of levy
  1. the manner in which monies raised by the levy are to be applied.

5.7              If motion imposing the levy is passed, the Secretary shall notify all members liable to pay same within thirty days (30) days and the levy shall be due and payable within sixty (60) days of such notification. If any member shall fail to pay any levy within such period of sixty (60) days s/he shall not be eligible to take part in any club or Regatta race and the provisions of Rule 5.4 shall apply as though the member had failed to pay his/her subscription by the 1st October in the financial year.

 

6.0           REGISTER OF MEMBERS

6.1              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 member. The register shall be available for inspection by members at the address of the Public Officer.

6.2              A right, privilege or obligation of a person by reason of his/her membership of the Club:

  1. is not capable of being transferred or transmitted to another person,
  1. terminates upon the cessation of his/her membership whether by death or resignation or otherwise.

 

7.0           RESIGNATION OF MEMBERS

See Page 3, section 6 of Incorporation of Association Rules.

 

8.0           DISCIPLINING OF MEMBERS

See Page 4, Section 10 of Incorporation of Association Rules.

 

9.0           RIGHT OF APPEAL OF DISCIPLINED MEMBERS

See Page 4, Section 11 of Incorporation of Association Rules.

 

10.0     CLUB UNIFORM

10.1          The colours of the Club shall be:

  1. for racing: jersey: bottle green/2 gold hoops

shorts: be left to the discretion of committee

  1. for practice: as directed by the Club Captain.

 

11.0     COMMITTEE OF MANAGEMENT

11.1          The general management of the Club shall be vested in Committee consisting of the President, Vice-President, Captain, Vice Captain, Captain of the Boat, Secretary, Treasurer and six members and the additional members hereinafter mentioned. Dependent on Club membership, the management of the Club may be increased to include a Vice Captain and Captain of the boats. The Captain, Vice Captain have responsibility for members, one for males and the other for females. All positions shall be elected by ballot at the Annual General Meeting and then when selected shall have the power to elect not more then six additional members to the Committee. A list of Office Bearers and Committee members shall be posted on the Club’s Notice Board.

11.2          The Committee shall have the power to control the real and personal property of the Club including the power to give security, sell, mortgage, lease, sub-let or in any other way deal with the real property.

11.3          The Committee shall have the power to employ any manager, solicitor, accountant, clerks, contractors, workmen, employees or agents to transact all or any business of whatsoever nature required including the receipt or payment of money and to dismiss such persons and shall determine the remuneration charges and expenses to be allowed and paid in return for services rendered to the Club by such persons.

11.4          Every member of the Committee shall be indemnified by the Club against all costs, losses, damages or expenses which any such member may incur or become liable to by reason of any contract or arrangement entered into or any act or thing done by him/her as such member of the Committee or in any way discharge of his/her duties as such member unless any such costs, losses, damages or expenses be caused through his/her own dishonesty or in acting beyond the limits approved by the Committee.

11.5          In the absence of the Captain or Vice-Captain, the Committee shall have the power to elect a Deputy Captain or Vice-Captain.

11.6          The Committee shall meet when necessary for the purpose of transacting any business connected with the club, five members present forming a quorum.

11.7          Any elected member of the Committee who absents him/herself from three successive meetings without sending a written and satisfactory explanation to the Secretary may be held to have resigned, and it shall be in the power of the Committee to fill the vacancy.

11.8          Any casual vacancy which may occur on the Committee by reason of death, resignation or otherwise may be filled by the appointment by a majority of the remaining members of the Committee of any eligible member of the Club, and each member so appointed shall, subject to these rules, hold office for the balance of the term for which the member whose place has been filled had been appointed or elected.

11.9          Members of the Committee ad Office-Bearers shall assume office immediately after their selection.

 

12.0     SELECTORS

12.1          Three selectors, two of whom shall be the Captain and the Vice-Captain, shall be appointed by the Committee from members’ nominations received in writing by the Secretary, with the written consent of the respective nominees, not later than the day of the annual meeting. The duty respective nominees, not later that the day of the annual meeting. The duty of the selectors shall be to select competitors for Championship and Regatta races (and when so requested by the Committee, for any other rowing events) and arrange for the racing boats without recourse to the Committee and approval obtained before expense is incurred. It shall have the power to alter the personnel of any crew at any time.

12.2          A member shall not represent the Club in any event without the consent of the Selectors.

12.3          A Selector who, in the opinion of the Committee, unduly absents him/herself from the Club, shall be relieved of his/her duty by the Committee, which shall appoint another member in his/her stead.

 

13.0     OFFICERS OF THE CLUB

13.1          The Officers of the Club shall consist of a President, Vice President, Captain, Vice Captain, Captain of the Boats, Secretary, Treasurer, Honorary Solicitor and an Honorary Auditor.

13.2          The Officers, excepting the Honorary Solicitor and the Honorary Auditor, shall be elected by ballot at each Annual General Meeting, and shall hold office until the succeeding Annual General Meeting. The nominations for elected Vice President, Captain, Vice Captain, Captain of the Boats, Secretary, Treasurer and for General Committee shall be lodged in writing, together with the written consent of the respective nominees at least seven clear days before the date of the Annual General Meeting. The Committee shall appoint an Honorary Solicitor and Honorary Auditor neither of whom shall be a member of the Committee.

13.3          If Honorary Solicitor or Honorary Auditor are not appointed at the Annual General Meeting, the Executive shall appoint a Solicitor and Auditor of the club for the current financial year.

 

13.4          Captain

Subject to the control of the Committee as hereinafter provided the Captain shall be the chief executive officer of the Club. S/he shall have charge of the Club House, boats and other property of the Club, and shall have the management of all Club races. S/he shall have the power to refuse the use of any Club property to anyone as s/he shall see fit. S/he shall, in the absence of President or Vice President, preside at General and Committee meetings of the Club. In the absence of a Captain of the Boats, s/he shall be responsible for the supervision of the maintenance and repair of the clubs boats and oars.

13.5          Vice Captain and Captain of Boats

The duty of the Vice Captain shall be generally to assist the Captain and, subject to the control of the Captain, particularly to organise and supervise the members for whom s/he  has responsibility. The Vice Captain’s duties shall also include supervision of the maintenance and repair of the Club property, with the exception of the boats and oars, which shall be the responsibility of the Captain of the Boats or the Club Captain in his/her absence.

13.6          Secretary

The Secretary’s duty shall be to issue notice of meetings, attend same and write minutes thereof, inform candidates of their election and members of the acceptance of their resignations, attend to all correspondence, to take charge of all papers, post notices in the Club House of all matters connected with the Club and prepare an Annual Report. S/he shall be responsible for the lodging of all entries for Championship and Regatta races. S/he shall generally carry out the instructions of the Committee.

13.7          Treasurer

The Treasurer’s duty shall be to keep a proper record of all receipts and disbursements and to furnish a complete statement of the financial affairs to the Committee at each Ordinary Meeting. S/he shall be required to produce the books and accounts of the Club when called upon to do so by the Committee. S/he shall post in the Club House a list showing each member’s financial position and shall prepare for each Annual General Meeting, statements showing the receipt and disbursements for the proceeding financial year and liabilities and assets at the end thereof.

 

14.0     CLUB MONIES

14.1          A bank account shall be opened in the name of the “Shoalhaven Rowing Club Inc.” and all monies of the Club shall be forthwith paid into such account. All disbursements shall as far as practicable be made by cheque, signed by the Secretary and the Treasurer, or in the absence of one of them, by the President and Secretary or Treasurer.

14.2     The accounts of the Club shall have an Audited Financial Statement or a Compiled Financial Statement or a Reviewed Statement prepared prior to the Annual General Meeting with a certificate submitted to the Annual General Meeting by the Auditor or Accountant. The Committee will decide upon which method will be used at the Monthly Committee Meeting two months prior to the Annual General Meeting

14.3     The Secretary and the Treasurer shall be the only two officers empowered to receive monies on behalf of the Club. Provided that in the case of special efforts to raise funds to assist with the finances of the Club, a sub-committee appointed for the purpose of organising such efforts may be empowered to receive the monies in connection therewith, and such monies shall be paid to the Treasurer as directed by the Committee.

 

15.0     ANNUAL GENERAL MEETINGS

See Page 8, Section 23 of Incorporation of Association Rules.

 

16.0     SPECIAL GENERAL MEETING

See Page 9, Section 24 of Incorporation of Association Rules.

 

17.0     NOTICE OF SPECIAL GENERAL MEETING

17.1          The Secretary shall at least seven clear days before any Special General Meeting send to every member of the Club at his/her address appearing in the Register of Members, a Notice by prepaid post stating the date, place and time of the meeting and the nature of the business to be transacted at the meeting. No business other then that set out in the Notice convening the meeting shall be transacted at the meeting.

17.2          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 the receipt of the Notice.

 

18.0     PROCEEDINGS AT MEETINGS

18.1          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.

18.2          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 rime when the meeting is considering that item.

18.3          If within half an hour after the appointment 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 Chairperson at the time of the adjournment or by written notice to members given 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 (being not less than 3) shall be a quorum.

18.4          The President, or in his/her absence, a Vice-President, shall preside as Chairperson at each General Meeting of the Club.

 

18.5          If the President and all Vice-Presidents are absent from a General Meeting, the members present shall elect one of their number to preside as Chairperson at the meeting.

18.6          The Chairperson 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 shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.

18.7          Where a meeting is adjourned for 14 days or more, a like notice of the adjourned meeting shall be given as in the case of the General Meeting.

18.8          Except as provided in paragraph 18.6 and 18.7, it is not necessary to give notice of and adjournment or of the business to be transacted at an adjourned meeting.

18.9          A question arising at a General Meeting of the Association 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 Chairperson that a resolution has, on a show of hands, been carried unanimously or carried by a particular majority or lost, and an entry to that fact, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution.

18.10      Upon any question arising at a general meeting of the Association, a member has one vote only.

18.11      All votes shall be given personally or by proxy.

18.12      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.

18.13      If at a meeting a poll on any question is demanded by not less than three members, it shall 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.

18.14      A poll that is demanded on the election of a Chairperson or on a question of an adjournment shall be taken forthwith and a poll that is demanded in any other question shall be taken at such time before the close of the meeting as the Chairperson may direct.

18.15      A member is not entitled to vote at any General Meeting unless all monies due and payable by him/her to the Club have been paid, other than the amount of the annual subscription payable in respect of the current financial year.

18.16      Each member shall be entitled to appoint another member 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.

18.17      The notice appointing the proxy shall be in the form set out in Appendix 2, of Incorporation of Association Rules.

 

19.0     ALTERATION OF RULES

19.1          The Rules of the Club shall not in any case be added to, altered or repealed unless:

  1. by the consent of three fourths of the members present and voting at a Special General Meeting called for that purpose or at the Annual General Meeting provided that the proposer of the motion shall have given fourteen days clear notice thereof in writing to the Secretary. A full copy of any proposed addition, alteration or repeal shall be posted to every member and placed on the Club Notice Board at least seven clear days previous to the date of the meeting.
  1. by a simple majority of members in postal ballot conducted in accordance with paragraph 19.2 hereof.

19.2          A postal vote may be called at any time by the Committee or by the Secretary upon receipt of a written request for such postal ballot, setting out the specific purpose for which same is required, signed by not less than twenty financial members.

19.3          The Secretary shall within seven days of receipt of a Notice of Motion to be decided by postal ballot send to every member a full copy of the purposed addition, alteration or repeal together with a number ballot paper.

19.4          Returning officers shall be appointed by the Committee, the number of which shall be at the discretion of the Committee, whose responsibilities shall be:

  1. to ensure that every member, save those persons referred to in paragraph 4.2 hereof, shall have one vote;
  1. to prepare the numbered ballot papers for dispatch by the Secretary;
  1. to receive and record the ballots of the members;
  1. to declare the result of the ballot to the Committee for promulgation.

 

20.0     DAMAGE TO PROPERTY

20.1          Any member damaging any boat, oar or property of the club shall immediately report same to the Captain or some member of the Committee.

20.2          Any member who shall willfully or by gross negligence, damage any boat or other property of the Club shall immediately have the same repaired at his/her expense, but all accidental damage or loss shall be borne by the Club. The question of the damage or loss being or not being accidental shall be decided by the Committee.

 

21.0     DISSOLUTION

21.1          The Club may not be dissolved without the consent of three fourths of the members present and voting at a Special General Meeting called for that purpose, written notice of which shall be sent to each member of the Club and also posted on the Notice Board in the Club House at least twenty-eight clear days prior to the date of such meeting; and be advertised in at least two of the local papers, one in each of two consecutive weeks immediately preceding such meeting. On a resolution for dissolution being carried as aforesaid the Committee shall proceed to realise the property of the Club and after discharge of all liabilities, shall hand the residue to NSW Rowing Association for disbursement at their pleasure, or if they not be in existence, the City of Shoalhaven Lord Mayor’s Fund or similar charitable fund.

 

22.0     INTERPRETATION

22.1          The Committee shall have the power to make By-Laws, to interpret the meaning of the Rules of the Club and to determine any matters not provided for in these rules.

 

23.0     PROPERTY OF THE CLUB

23.1          The income and property of the Club when so ever derived shall be applied solely towards the promotion of the objects of the Club as set forth in the Rules of the Club, and not portion thereof shall be paid or transferred directly or indirectly by way of dividend or bonus or otherwise howsoever by profits to members of the Club. Provided that nothing herein shall prevent the payment in good faith or remuneration to any officer or servants of the Club or to any member of the Club in return for any service actually rendered to the Club or of any allowances and travelling on the business of the club.

 

24.0     NOTICES

24.1          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 his/her address in the Register of Members.

24.2          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.

 

25.0     FUNDS

25.1          The funds of the Club shall be derived from entrance fees, annual subscription, donation and other sources as the Committee determines.

 

26.0     GENERAL

26.1          The Rules of the Club shall be printed and posted in the Club House, together with the By-Laws.

26.2          Words importing the singular number only shall include the plural number and vice versa. Words importing the masculine gender only shall include the feminine and neuter genders. Words importing person shall include corporations.