3 Objects or purposes of the association
4 Powers of the association
6 The committee
7 The seal
8 General Meetings
10 Dispute Resolution
11 Financial Reporting
12 Prohibition against securing profits
13 Winding up
14 Application of surplus assets
16 Amendment List
The long name of the incorporated association is RAVSTASS Multi-Sport Association Inc, referred to herein as ‘the association’.
The short name of the incorporated association is RAVSTASS.
‘committee’ means the committee of management of the association.
‘general meeting’ means a general meeting of members of the association convened in accordance with these rules.
‘IAW’ means in accordance with.
‘member’ means a member of the association.
‘NLT’ means no later than.
‘the Act’ means the Associations Incorporation Act 1985 (South Australia).
‘special resolution” means a special resolution defined in the Act.
‘month’ shall mean a calendar month.
Black text: Only Rule 15 can change black text.
Blue text: Is guidance only. Elected Committee can change at any time.
Green text: Is convention only. Elected Committee can update at any time.
The purposes of the association conform with the ACT and IAW Section 18 (1) in particular:
Section 18 (1) (d) for the purpose of sport, recreation or amusement.
The specific purpose of the association IAW Section 18 (1) (d) is:
for the purpose of sport and recreation within activities categorised in the eight divisions of the association.
Section 18 (1) (j) for the purpose of promoting the common interests of persons who are engaged in, or interested in, a particular business, trade or industry.
The specific purpose of the association IAW Section 18 (1) (j) is:
for the purpose of promoting the common interests of persons who are engaged in, or interested in, related industries of the activities within the eight divisions of the association.
The objects of the association are:
i) To provide opportunities for members to participate in multiple sport and/or recreational disciplines and promote these activities throughout the general community.
ii) To network members who share common sport and/or recreational interests with other members, competitors, educators, stakeholders, peak bodies and industry.
iii) To grow the available resources controlled by the association and its members for the benefit and use of members.
4. Powers of the association
The association shall have all the powers conferred by section 25 of the Act.
Social Members. Any person who supports the objects of the association and agrees to be bound by its rules and who applies for membership of the association may become a social member.
Comrade Members. Any social member who supports the objects of the association and agrees to be bound by its rules and who is recommended for promotion in the association, whose nomination is proposed by one comrade member and seconded by another comrade member may become a comrade member.
Members who have been promoted from Social Member to Comrade Member, have been promoted at an AGM and recorded in the Meeting Minutes. Those promoted have been Team Managers, Coaches, Captains, Activity Leaders and have actively worked to grow the Membership.
Guidance - Recommend a member for Promotion via the AGM Return Form.
Senior Members. Any comrade member who supports the objects of the association and agrees to be bound by its rules and who is recommended for promotion in the association, whose nomination is proposed by a senior member and seconded by a majority of senior members may become a senior member.
Guidance for promotion from Comrade Member to Senior Member has been developed by the Committee (Refer Meeting #5, #8 & #9). Guidance is:
(1) Minimum Five years active service as a Comrade Member.
(2) Previously or currently serving as an elected Committee Member – President, Vice-President, Secretary or Treasurer.
(3) Be an organisational guru that members gravitate to, for guidance in forming new groups, teams, and activities.
(4) The candidate for promotion must be present at the AGM in which they are nominated.
(5) The vote shall be a silent vote among Senior Members.
(6) Promotion to Senior Member is limited to one member per AGM.
Guidance: Membership Structure & Promotion Traits
a. The subscription fees for membership shall be such sum (if any) as the members shall determine from time to time in general meeting.
b. The subscription fees shall be payable annually on 1 July or at a time that the committee determines.
c. Any member whose subscription is outstanding for more than three months after the due date for payment shall cease to be a member of the association, provided always that the committee may reinstate such a person’s membership on such terms as it thinks fit.
A member may resign from membership of the association by giving written notice to the secretary or public officer of the association. Any resigning member shall be liable for any outstanding subscriptions which may be recovered as a debt due to the association.
5.4 Expulsion of a member
a. Subject to giving a member an opportunity to be heard or to make a written submission, the committee may resolve to expel a member upon a charge of misconduct detrimental to the interests of the association.
b. Particulars of the charge shall be communicated to the member at least one month before the meeting of the committee at which the matter will be determined.
c. The determination of the committee shall be communicated to the member, and in the event of an adverse determination the member shall, (subject to 5.4d below), cease to be a member 14 days after the committee has communicated its determination to the member.
d. It shall be open to a member to appeal the expulsion to the association at a general meeting. The intention to appeal shall be communicated to the secretary or public officer of the association within 14 days after the determination of the committee has been communicated to the member.
e. In the event of an appeal under 5.4d above, the appellant’s membership of the association shall not be terminated unless the determination of the committee to expel the member is upheld by the members of the association in general meeting after the appellant has been heard by the members of the association, and in such event membership will be terminated at the date of the general meeting at which the determination of the committee is upheld.
Subject: Misconduct detrimental to interests of RAVSTASS
Who _______________ (name of RAVSTASS member).
Where ______________ (date/time/location).
What ____________________(Full description of incident(s).
Why _____________________(Any reasons for members actions).
Next _____________________(Any actions still underway, e.g. are organisers taking action, police reports etc).
All initial reports of misconduct are assessed by the Elected Committee, to inform our behaviour management policy. Escalation to expulsion IAW rule 5.4 is the measure against each report. The committee will write to the individual IAW rule 5.4.a. The member will respond back to the committee IAW rule 5.4.a. If the committee deems necessary, then further action will occur IAW rule 5.4.b.
5.5 Register of members
Persons who join the association’s facebook group shall be recognised at minimum as social members of the association. The secretary shall be responsible for ensuring that persons who are not considered members are removed from the group.
A register of comrade members and senior members shall be recorded in a register, maintained by the Secretary with the following minimum detail:
i) the name and address of each member;
ii) the date(s) on which each member was admitted to each membership level of the association; and
iii) if applicable, the date of and reason(s) for termination of membership.
6. The committee
6.1 Powers and duties
a. The affairs of the association shall be managed and controlled by a committee which, in addition to any powers and authorities conferred by these rules, may exercise all such powers and do all such things as are within the objects of the association, and are not by the Act or by these rules required to be done by the association in general meeting.
b. The committee has the management and control of the funds and other property of the association.
c. The committee shall have authority to interpret the meaning of these rules and any other matter relating to the affairs of the association on which these rules are silent.
d. The committee shall appoint a public officer as required by the Act.
Notice of appointment and any change in the identity or address of the public officer are to be lodged within one month after the change (Form 10) with Consumer and Business Services (CBS), Chesser House, 91-97 Grenfell Street, Adelaide 5000; postal address: GPO Box 1719, Adelaide 5001.
a. Committee members shall be natural persons and are required to be at minimum comrade members.
b. The elected committee shall be comprised of a President, Vice-President, Secretary and Treasurer. All elected committee positions shall be subject to re-election at each AGM. The elected committee may appoint a person to fill a vacancy arising between AGM’s, and such a committee member shall hold office until the next annual general meeting of the association. Notice of all persons seeking election to the committee shall be promulgated to all members of the association with the notice calling the annual general meeting at which the election is to take place, NLT 28 days prior.
Subject: EOI for position of [President/Vice-Prez/Secretary/Treasurer] - Your Name
Attachments: Profile Picture
I am seeking nomination for the following committee position(s) _______________.
I have previous committee experience as _____________(position) with ___________(club(s)).
I have skills useful to RAVSTASS in ___________________(write lots, or list them).
My vision for RAVSTASS is __________________(write lots.....)
I would like to contribute to RAVSTASS through _______________(be specific).
I wish to declare the following potential Conflicts of Interest ____________(for example your involved in competing clubs, or are a RAVSTASS supplier, its okay, don't worry, just be upfront; or if no conflicts of interest, even easier).
Important: All information you provide will be made public on the website and sent to members of the association, so only provide details you are happy to share.
c. The first elected committee of the association prior to Incorporation shall be provisionally appointed by the promoters of the association and shall hold office until the first annual general meeting after incorporation.
d. The appointed committee shall be comprised of positions as created by and in support of an elected committee member and subordinate to that portfolio. Appointed committee positions may be created, amended, disbanded at any time. Appointments of members to these positions may be commenced or ceased at any time.
Creating a RAVSTASS Chapter
Sub-committees may exist which are closely affiliated with external organisations. As RAVSTASS is an independent association, such sub-committees are created as Chapters.
1. Appointed Member. The RAVSTASS elected committee shall appoint a member IAW rule 6.2(d) responsible for the formation of a Chapter.
2. External Organisation. The Appointed Member shall liaise with the external organisation to create a committee IAW the rules of that organisation.
3. Formation. The prospective Chapter's committee forwards constitution and formation meeting minutes to the RAVSTASS elected committee. A vote occurs in next meeting minutes, deciding whether to recognise the new Chapter of RAVSTASS.
4. Certification. A certificate is duly issued to the new Chapter. The certification remains current while the Chapter continues to provide subsequent meeting minutes to the RAVSTASS elected committee.
5. Disbanding. A chapter of RAVSTASS may be disbanded at the initiation of RAVSTASS or the affiliated external organisation or the Chapter's committee themselves. When disbanding, the decision is to be recorded in the Chapter's meeting minutes and the RAVSTASS meeting minutes. The RAVSTASS committee then dates the cessation of the Chapter's certification.
7. The seal
6.3 Proceedings of committee
a. The elected committee and any elected members sub-committee portfolio of appointed committee members shall meet together for the dispatch of business as required. The elected committee should settle on how often meetings are to be held.
b. Questions arising at any meeting of the committee shall be decided by a majority of votes, and in the event of equality of votes the President as Chairperson shall have a casting vote in addition to a deliberative vote.
c. A quorum for a meeting of the elected committee shall be three-quarters of the members of the elected committee.
d. A member of the committee having a direct or indirect pecuniary interest in a contract or proposed contract with the association must disclose the nature and extent of that interest to the committee as required by the Act, and shall not vote with respect to that contract or proposed contract. The member of the committee must disclose the nature and extent of his or her interest in the contract at the next annual general meeting of the association.
6.4 Disqualification of committee members
The office of a committee member shall become vacant if a committee member is:
• disqualified from being a committee member by the Act, or
• expelled as a member under these rules, or
• permanently incapacitated by ill health, or
• absent without apology from more than two meetings in a financial year, or
• no longer the duly appointed representative of a corporate member.
The association shall have a common seal upon which RAVSTASS Inc shall appear in legible characters.
Section 26(1)(a) deals with contracts made under common seal. Section 63(5) deals with documents bearing the common seal. The seal shall not be used without the express authorisation of the elected committee, and every use of the seal shall be recorded in the minute book of the Association. The affixing of the seal shall be witnessed by a minimum of two elected committee members.
8. General meetings
8.1 Annual general meetings
a. The elected committee shall call an annual general meeting in accordance with the Act and these rules.
b. The first annual general meeting shall be held within 12 months after the incorporation of the association, and thereafter within two months after the end of its financial year.
c. The order of the business at the meeting shall be:
i) the confirmation of the minutes of the previous annual general meeting and of any special general meeting held since that meeting.
ii) the consideration of the accounts and reports of the committee and the auditor’s report (if auditor’s report is required)
iii) the election of committee members
iv) the appointment of auditors (if required - see rule 11.5)
v) any other business requiring consideration by the association in general meeting.
8.2 Special general meeting
a. The committee may call a special general meeting of the association at any time.
b. Upon a requisition in writing of not less than 5% of the total number of comrade and senior members of the association, the committee shall, within one month of the receipt of the requisition, convene a special general meeting for the purpose specified in the requisition. Every requisition for a special general meeting shall be signed by the relevant members and shall state the purpose of the meeting.
8.3 Notice of general meetings
a. At least 28 days notice of any general meeting shall be given to members. The notice shall set out where and when the meeting will be held, and particulars of the nature and order of the business including any special resolutions to be transacted at the meeting.
b. A notice may be promulgated by the association to the members of the association via existing communication channels already in use for the regular communications to members.
8.4 Proceedings at general meetings
A quorum of members will be declared where the following is present personally or by proxy:
a. Three quarters of the elected committee.
b. 10% of members not including social members. The total number of members is as registered with secretary of comrade members and senior members NLT 14 days prior. The above shall constitute a quorum for the transaction of business at any general meeting.
c. If within 30 minutes after the time appointed for the meeting a quorum of members is not present, a meeting convened upon the requisition of members shall lapse. In any other case, the meeting shall stand adjourned to the same day in the next week, at the same time and place and if at such adjourned meeting a quorum is not present within 30 minutes of the time appointed for the meeting the members present shall form a quorum.
d. Subject to 8.4e, the President shall preside as chairperson at a general meeting of the association.
e. If the President is not present within five minutes after the time appointed for holding the meeting, or he or she is present but declines to take or retires from the chair, the Vice-President shall be the chairperson of that meeting.
8.5 Voting at general meetings
a. Subject to these rules, every comrade member and senior member of the association has only one vote at a meeting of the association.
b. Subject to these rules, a question for decision at a general meeting, other than a special resolution, must be determined by a majority of members who vote in person or, where proxies are allowed, by proxy, at that meeting by a show of hands.
c. A poll to ascertain count of hands is to occur where demanded by at least three members.
8.6 Poll at general meetings
a. If a poll is demanded by at least three members, it must be conducted in a manner specified by the person presiding and the result of the poll is the resolution of the meeting on that question.
b. A poll demanded for the election of a person presiding or on a question of adjournment must be taken immediately, but any other poll may be conducted at any time before the close of the meeting.
8.7 Special and ordinary resolutions
a. A special resolution is a resolution passed by three-quarters of members entitled to vote in person or by proxy. Special resolutions must give at least 21 days written notice specifying the intention to propose the resolution as a special resolution of a general meeting and this be given to all members of the association.
b. An ordinary resolution is a resolution passed by a simple majority at a general meeting.
A voting member shall be entitled to appoint in writing a natural person who is also a voting member of the association to be their proxy, and attend and vote at any general meeting of the association.
Guidance - Nominate your proxy via the AGM Return Form.9. Minutes
a. Proper minutes of all proceedings of general meetings of the association and of meetings of the committee, shall be recorded and promulgated within one month after the relevant meeting.
b. The minutes kept pursuant to this rule must be confirmed by the members of the association or the members of the committee (as relevant) at a subsequent meeting.
c. The minutes kept pursuant to this rule shall be signed by the chairperson of the meeting at which the proceedings took place or by the chairperson of the next succeeding meeting at which the minutes are confirmed.
d. Where minutes are entered and signed they shall, until the contrary is proved, be evidence that the meeting was convened and duly held, that all proceedings held at the meeting shall be deemed to have been duly held, and that all appointments made at a meeting shall be deemed to be valid.
10. Dispute resolution
a. The dispute resolution procedure set out in this rule applies to disputes under these Rules between:
(i) a member and another member
(ii) a member and the association
b. 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.
c. If the parties are unable to resolve the dispute at the meeting the parties may choose to meet and discuss the dispute before an independent third person agreed to by the parties.
d. In this rule ‘member’ includes any person who was a member not more than six months before the dispute occurred.
Section 40 of the Act provides that where the committee exercises any power of adjudication in relation to a dispute between the members, or a dispute between itself and members of the association, the rules of natural justice must be observed; Section 61 of the Act provides that an application to the Court for an order under the section may be made by a member of an incorporated association or by a former member expelled from the association (provided that the application is made within six months of the expulsion); who believes that the affairs of the association are being conducted in a manner that is oppressive or unreasonable.
11. Financial reporting
11.1 Financial year
The first financial year of the association shall be the period ending on the
next 30 June following incorporation, and thereafter a period of 12 months
commencing on 1 July and ending on 30 June of each year.
11.2 Accounts to be kept
The association shall keep and retain such accounting records as are necessary to correctly record and explain the financial transactions and financial position of the association in accordance with the Act.
11.3 Accounts and reports to be laid before members
The accounts, together with the auditor’s report on the accounts (if required under section 35(6) of the Act), the committee’s statement and the committee’s report, shall be laid before members at the annual general meeting.
11.4 Annual returns
The annual periodic return (if required under section 36(1) of the Act ) shall be lodged with CBS within six months after the end of each financial year. It must be accompanied by a copy of the accounts, the auditor’s report, the committee’s statement, and the committee’s report.
11.5 Appointment of auditor
a. At each annual general meeting, the members shall appoint a person to be auditor of the association. Refer to sections 35(2)(b) and 35(4) of the Act for qualifications of auditor.
b. The auditor shall hold office until the next annual general meeting and is eligible for re-appointment.
c. If an appointment is not made at an annual general meeting, the committee shall appoint an auditor for the current financial year.
12. Prohibition against securing profits
The income and capital of the association shall be applied exclusively to the promotion of its objects and no portion shall be paid or distributed directly or indirectly to members or their associates except as bona fide remuneration of a member for services rendered or expenses incurred on behalf of the association. Section 55 of the Act provides a prohibition against securing profits for members.
13. Winding up
The association may be wound up in the manner provided for in the Act.
14. Application of surplus assets
a. If after the winding up of the association there remains ‘surplus assets’ as defined in the Act, such surplus assets shall be distributed to any organisation which has similar objects and has rules which prohibit the distribution of its assets and income to its members. The association may determine to distribute surplus assets to nominated charities.
b. Such organisation or organisations shall be identified and determined by a resolution of members in general meeting. Section 43 of the Act prohibits the distribution of surplus assets at the completion of a winding up to members or former members, or associates of those persons.
These rules may be altered (including an alteration to the association’s name) by special resolution of the eligible voting members of the association. This includes recision or replacement by substitute rules. The alteration shall be registered with CBS, Corporate Affairs Commission, as required by the Act. The registered rules shall bind the association and every member to the same extent as if they have respectively signed and sealed them, and agreed to be bound by all of the provisions thereof. The Act provides that an alteration to a rule may be made by special resolution of the association unless other provision is made in the rules. Note requirements of Section 24(6) and 24(7):
Subject to any provision in the rules or a resolution to the contrary, an alteration to the rules comes into force at the time that the alteration is passed. This does not apply to an alteration to the name of the association which does not come into force until registered by CBS, Corporate Affairs Commission.
16. Amendment List
|Date of Amendment||Para||From||To|
|10 Apr 2015||All||
Example rules under the
Associations Incorporation Act 1985 (South Australia)
|First Issue (AL1)|