Queensland Judgments
Authorised Reports & Unreported Judgments
Exit Distraction Free Reading Mode
  • Unreported Judgment

The Registered and Licensed Clubs Association of Queensland, Union of Employers[2016] QIRC 115

The Registered and Licensed Clubs Association of Queensland, Union of Employers[2016] QIRC 115

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

The Registered and Licensed Clubs Association of Queensland, Union of Employers [2016] QIRC 115

PARTIES:

THE REGISTERED AND LICENSED CLUBS ASSOCIATION OF QUEENSLAND, UNION OF EMPLOYERS

(Applicant)

CASE NO:

RIO/2016/99

PROCEEDING:

Application to amend an eligibility rule

DELIVERED ON:

27 October 2016

HEARING DATE:

27 October 2016

MEMBER:

Industrial Commissioner Knight

ORDERS:

The Commission approves, pursuant to s 474 of the Industrial Relations Act 1999, an eligibility rule amendment to the rules of The Registered and Licensed Clubs Association of Queensland, Union of Employers by effecting various amendments to Rule 5 (Membership).

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND – INDUSTRIAL ORGANISATIONS – APPLICATION TO AMEND AN ELIGIBILITY RULE – Where the applicant is a union of employers registered under the Industrial Relations Act 1999 – Where the application was validly made – Where there is no other organisation to which a new member might conveniently belong – Where there was no objection to the proposed amendment.

CASES:

Industrial Relations Act 1999, s 474

Industrial Relations Regulation 2011, s 18

Industrial Relations (Tribunals) Rules 2011, r198

APPEARANCES:

Mr W. Lee for the Applicant.

Report on Decision

  1. [1]
    "This matter was subject to a short hearing on 27 October 2016. The decision of the Commission was issued from the bench. The decision is in regard to the application by The Registered and Licensed Clubs Association of Queensland, Union of Employers, trading as, Clubs Queensland ("Clubs Queensland"), for new eligibility rules.
  1. [2]
    The application was lodged by Walter Lee, Workplace Relations Business Manager of Clubs Queensland on behalf of Don Seccombe AM, President of the Registered and Licensed Clubs Association of Queensland. There was no objection to the proposed amendment. Notably, included in an Affidavit of Service in support of the Application is correspondence from the Chamber of Commerce and Industry (Queensland) confirming it has no issue with the change to the eligibility rules.
  1. [3]
    The applicant is a union of employers registered under the Act. The application sought to change the previous Rule 5 (Membership) in accordance with the proposal set out at Attachment One to this report on decision. The application was made in accordance with s 474 of the Act and r 198 of the Industrial Relations (Tribunals) Rules 2011.  The proposed change is that the new rule in regards to eligibility will be Rule 6 (Eligibility). Rule 6 does not seek to increase Club Queensland's current coverage.
  1. [4]
    Mr Lee submitted the new rules reflect a decision of Club Queensland's Board and a Special General meeting of members which was held on 6 September 2016. He summarised the changes to the rules and the reasons for those changes in the following terms:
  • "The new Rules remove procedures regarding membership from the Eligibility Rule 6 to another Rule, as associated provisions do not relate directly to eligibility;
  • The new Eligibility Rule 6 uses the term "Community Club", which is the more modern and commonly used term in the industry to refer to Association members, in place of the word "Club" used in the earlier Rule, which can be confused with "night clubs";
  • The use of the term "Community Club" necessitates clarification that membership can include a "club" as defined in the Racing Act 2002 (Qld) as whilst racing clubs were covered by the previous use of the term "club", they are not referred to as "community clubs" in that legislation.
  • The last sentence of Rule 6 clarifies that an Associate member may be a sole trader, a partnership, an unincorporated association or a company as is presently the case."
  1. [5]
    Section 474 of the Industrial Relations Act 1999 allows the Commission to approve an eligibility rule amendment only where it is satisfied:

"474 Approval for eligibility rule amendment

  1. The commission may, by order, approve an eligibility rule amendment only if satisfied—
  1. the amendment has been proposed under the organisation's rules; and
  2. there is no organisation to which its members could conveniently belong that would effectively represent them in a way consistent with the objects of this Act.
  1. The commission may refuse to approve an eligibility rule amendment if satisfied—
  1. the amendment—
  1. would contravene an agreement or understanding to which the organisation is a party; and
  2. deals with the organisation's right to represent; or
  1. the amendment—
  1. would change the effect of a full bench order under section 279 about the organisation's right to represent; and
  2. would give rise to a serious risk of a demarcation dispute that would prevent or restrict the performance of work in an industry, or harm an employer's business.
  1. Subsection (3) does not limit the grounds on which approval may be refused.
  2. Approval may be given wholly or in part.
  3. In this section—

right to represent of an organisation means a right of the organisation to represent the industrial interests of a particular class or group of persons."

  1. [6]
    Having considered the application and reviewed all the material, I am satisfied there is no organisation to which any member of Clubs Queensland could conveniently belong that would effectively represent them in a way consistent with the objects of the Act. I am also satisfied that amendment has been made validly under the organisation's rules and in accordance with s474(1) of the Act.

Order

  1. [7]
    The Commission makes the following order:
  1. The Commission approves, pursuant to s 474 of the Industrial Relations Act 1999, an eligibility rule amendment to the rules of Club Queensland by creating Rule 6 (Eligibility) in place of the previous eligibility Rule 5 (Membership) as follows:
  1. (a)
    Delete the previous Rule 5 (Membership)(1)-(7) and replace with:

"6. Eligibility

6.1 The Association will consist of an unlimited number of Members in the following categories:

  1. General Members; and
  2. Associate Members.

 6.2 To be eligible to be a general Member of the Association, an organization must meet the following conditions:

  1. A Community Club registered under any legislation in force in the State of Queensland or a "club" as defined in the Racing Act 2002 (Qld);
  2. Which employ or usually employ labour and/or utilise volunteers in Queensland; and
  3. Whose published aims or constituent documents are consistent with the purposes for which the Association was formed.

 6.3 To be eligible to be an associate Member of the Association, an organisation must meet the following conditions:

  1. Provide financial support and/or goods or services to Community Clubs registered under any legislation in force in the State of Queensland or to the Association; and
  2. Whose aims and/or constituent documents are not inconsistent with the purposes for which the Association was formed.

 6.4 Associate Members will have the right to attend general meetings and to receive other benefits as determined by the Board, but they will have no right to vote under these Rules. Associate Members may be suppliers of goods or services to or supporters of the club industry who are sole traders, partnerships, unincorporated associations or companies."

  1. (b)
    The Rules be renumbered to reflect this change.
  1. The new Rules are as reflected in Attachment Two."

Attachment Two

Rules of

The Registered and Licensed Clubs Association of Queensland, Union of Employers

Table of Contents

1. Name..........................................................................................................................................................................................9

2. Registered Office.....................................................................................................................................................................9

3. Objects.......................................................................................................................................................................................9

4. Powers.....................................................................................................................................................................................10

5. Industry Groups....................................................................................................................................................................11

6. Eligibility..................................................................................................................................................................................11

7. Membership............................................................................................................................................................................12

8. Membership fees...................................................................................................................................................................13

9. Withdrawal from Membership...........................................................................................................................................13

10. Termination or Suspension of Membership...................................................................................................................14

11. No rights on withdrawal or termination.........................................................................................................................15

12. Register of Members............................................................................................................................................................15

13. Register of Officers...............................................................................................................................................................16

14. President.................................................................................................................................................................................16

15. Vice President........................................................................................................................................................................17

16. Chief Executive Officer........................................................................................................................................................17

17. Auditor....................................................................................................................................................................................18

18. Membership of the Board...................................................................................................................................................19

19. Transition to a Board of Eight............................................................................................................................................19

20. Election of President and Vice-President.........................................................................................................................20

21. Election of Officers................................................................................................................................................................22

22. Pre-election procedures......................................................................................................................................................23

23. Nominations...........................................................................................................................................................................23

24. When a ballot must be held................................................................................................................................................25

25. Election without a ballot.....................................................................................................................................................25

26. Conducting ballots................................................................................................................................................................25

27. Voting Material.....................................................................................................................................................................26

28. Voting.......................................................................................................................................................................................29

29. Scrutiny of votes...................................................................................................................................................................29

30. Counting of votes.................................................................................................................................................................30

31. Election result.......................................................................................................................................................................33

32. Resignation or removal from office.................................................................................................................................33

33. Casual vacancies...................................................................................................................................................................34

34. Functions of the Board........................................................................................................................................................35

35. Meetings of the Board.........................................................................................................................................................36

36. Delegation of powers of the Board..................................................................................................................................38

37. Invalidities..............................................................................................................................................................................38

38. Resolutions of the Board without meeting.....................................................................................................................38

39. General Meetings.................................................................................................................................................................39

40. Annual general meetings....................................................................................................................................................39

41. Special General Meeting.....................................................................................................................................................40

42. Quorums at general meetings.........................................................................................................................................41

43. Notice of general meeting.................................................................................................................................................41

44. Procedure at general meeting..........................................................................................................................................42

45. Zones......................................................................................................................................................................................44

46. By-Laws.................................................................................................................................................................................44

47. Alteration of Rules..............................................................................................................................................................45

48. Notices...................................................................................................................................................................................45

49. Funds and accounts............................................................................................................................................................46

50. Accounting obligations......................................................................................................................................................46

51. Expenditure...........................................................................................................................................................................47

52. Financial management training.......................................................................................................................................48

53. Officers’ statement of interests.......................................................................................................................................48

54. Disclosure of Officers’ material personal interests.....................................................................................................48

55. Association’s financial registers......................................................................................................................................49

56. Financial disclosure statements......................................................................................................................................50

57. Documents............................................................................................................................................................................50

58. Execution of Documents....................................................................................................................................................50

59. Dissolution............................................................................................................................................................................50

60. Indemnification...................................................................................................................................................................51

61. Definitions.............................................................................................................................................................................51

  1. Name

The name of the industrial organisation is “The Registered and Licensed Clubs Association of Queensland, Union of Employers” (in these Rules referred to as the “Association").

  1. Registered Office

The registered office of the Association is 55 Holland Street, Northgate, Qld 4013 or such place as the Board determines from time to time.

  1. Objects

3.1The objects for which the Association is established are:

  1. (a)
    To promote and protect the interests of registered Community Clubs in all matters affecting their welfare;
  2. (b)
    To discuss and consider, at meetings of Delegates from the registered Community Clubs constituting the Association, questions concerning and affecting the common and separate interests of the clubs, and to collect and disseminate information on matters affecting these matters;
  3. (c)
    To communicate the opinions of registered Community Clubs separately or unitedly to any government, or to the various government departments, by letter, memorial, deputation or otherwise;
  4. (d)
    To petition parliament on any matters affecting registered Community Clubs collectively or individually;
  5. (e)
    To originate and promote improvements in the law as affecting the interests of affiliated registered clubs, and to support or oppose alterations of the law, and to effect improvements in administration, and to promote or oppose legislation and other measures affecting clubs, and to take other steps and proceedings as may be deemed expedient;
  6. (f)
    To diffuse information on all matters affecting registered Community Clubs, and to collect and circulate statistics and other information in regard to clubs or any legislation affecting them;
  7. (g)
    To assist and advise Members on matters affecting relationships as between employees and employers, or between employees and employees, or between employers and employers;
  8. (h)
    To raise funds for carrying on the operations of the Association by subscriptions and charges from Members or any other means deemed advisable by the Board;
  9. (i)
    To cultivate and maintain reciprocal relations with kindred bodies or institutions in other places;
  10. (j)
    To borrow and invest in any manner authorised by the Rules monies not immediately required for the purposes of the Association;
  11. (k)
    To indemnify any Member in respect of any action taken or to be taken or any liability incurred or to be incurred by such Member in any manner which the Association accepts would further the objects and policy of the Association; and
  12. (l)
    To do all lawful acts and things as are incidental or conducive to the attainment of the above objects.
  1. Powers

4.1The Association has, in the exercise of its affairs, all the powers of an individual.

4.2The Association may, for example and without limitation:

  1. (a)
    Enter into contracts;
  2. (b)
    Acquire, hold, deal with and dispose of property;
  3. (c)
    Make charges for services and facilities it supplies; and
  4. (d)
    Do other things necessary or convenient to be done in carrying out its affairs.

4.3The Association will have the power and capacity to perform all acts necessary to attain any of the objects of the Association, in particular, the following:

  1. (a)
    To petition parliament on any matters affecting registered Community Clubs collectively or individually;
  2. (b)
    To communicate the opinions of registered Community Clubs separately or unitedly to government/s, by letter, memorial, deputation or otherwise;
  3. (c)
    To originate and promote improvements in the law as affecting the interests of affiliated registered clubs, to support or oppose alterations of the law, and to effect improvements in club administration, and
  4. (d)
    To represent the interests of its Members in industrial relations matters and to provide Members with up to date information on industrial relations issues and developments;
  1. Industry Groups

5.1The Members of the Association are grouped into collectives of club Industry Groups as determined by the Board from time to time having regard to the primary activities of the respective Member, as follows:

  1. (a)
    Leagues Clubs;
  2. (b)
    Surf Life Saving Clubs;
  3. (c)
    RSL and Services Clubs;
  4. (d)
    Bowls Clubs;
  5. (e)
    Golf Clubs;
  6. (f)
    Racing Clubs; and
  7. (g)
    Sporting and other special interest Clubs;
  1. Eligibility

6.1The Association will consist of an unlimited number of Members in the following categories:

  1. (a)
    General Members; and
  2. (b)
    Associate Members.

6.2To be eligible to be a general Member of the Association, an organisation must meet the following conditions:

  1. (a)
    A Community Club registered under any legislation in force in the State of Queensland or a “club” as defined in the Racing Act 2002 (Qld);
  2. (b)
    Which employ or usually employ labour and/or utilise volunteers in Queensland; and
  3. (c)
    Whose published aims or constituent documents are consistent with the purposes for which the Association was formed.

6.3To be eligible to be an associate Member of the Association, an organisation must meet the following conditions:

  1. (a)
    Provide financial support and/or goods or services to Community Clubs registered under any legislation in force in the State of Queensland or to the Association; and
  2. (b)
    Whose aims and/or constituent documents are not inconsistent with the purposes for which the Association was formed.

6.4Associate Members will have the right to attend general meetings and to receive other benefits as determined by the Board, but they will have no right to vote under these Rules.  Associate Members may be suppliers of goods or services to or supporters of the club industry who are sole traders, partnerships, unincorporated associations or companies.

  1. Membership

7.1Applications for membership must be:

  1. (a)
    Accompanied by the entrance fee if determined by the Board pursuant to Rule 8.1;
  2. (b)
    In writing;
  3. (c)
    Include a declaration that the applicant agrees to be bound by the Rules and any by-laws approved by the Association from time to time; and
  4. (d)
    Sent to the Chief Executive Officer.

7.2On receipt of the application, the Chief Executive Officer must advise the applicant in writing of:

  1. (a)
    The various benefits of membership;
  2. (b)
    The financial obligations arising from membership; and
  3. (c)
    The circumstances and manner in which a Member may resign from the Association.

7.3If an applicant for membership:

  1. (a)
    Meets the eligibility requirements of Rules 6.2 or 6.3; and
  2. (b)
    Has complied with Rule 7.1,

its application will be brought before the Board at the next or if necessary at an immediately subsequent Board meeting, when the members of the Board present must note the admittance of the applicant as a Member.

7.4Applications for membership must be accepted by the Board within 3 months from the date that the application is received by the Chief Executive Officer, unless:

  1. (a)
    The applicant does not meet the eligibility requirements of Rules 6.2 or 6.3;
  2. (b)
    Has not complied with Rule 7.1; or
  3. (c)
    Rule 7.5 applies.

7.5If a question or dispute about an applicant’s eligibility has been referred to the Commission for determination, and the Commission decides the applicant is, or is eligible to become a Member, the Association must admit the person to membership within 1 month of the Commission’s decision.

7.6The Chief Executive Officer will notify the new Member of its admittance to membership.

7.7Membership is deemed to have commenced on and from the date that payment of Annual Subscriptions begin.

7.8An applicant who has complied with Rule 7.3, can only be refused membership if the applicant is:

  1. (a)
    A body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or
  2. (b)
    An applicant for Associate membership, which is an unincorporated association or company, whose published aims and/or constituent documents are inconsistent with the purposes for which the Association was formed; or
  3. (c)
    An applicant for Associate membership, which is a sole trader or partnership, whose published aims are inconsistent with the purposes for which the Association was formed.
  1. Membership fees

8.1An entrance fee if determined by the Board will be payable on admission to membership.

8.2The Board may remit the entrance fee in appropriate cases.

8.3The Annual Subscription of Members will be determined by the Board, payable initially on admission as a Member, and afterwards in advance either annually or otherwise as determined by the Board.

8.4The Board or the delegated officer may, in its absolute discretion, suspend or vary the Annual Subscriptions payable under these Rules for a period as the Board or delegated Officer decides.

  1. Withdrawal from Membership

9.1A Member may resign from membership of the Association.

9.2Notwithstanding Rule 9.1, a resignation from membership of the Association is valid even if it does not comply with Rule 9.1 if notice is given in accordance with Rule 48 to the Member that the resignation has been accepted.

9.3A notice of resignation takes effect:

  1. (a)
    Where the Member ceases to be eligible to be a member of the Association, the later of:
  1. The date on which the notice is served by the Member in accordance with Rule 48; or
  2. The date specified in the notice, which is a date not later than the date that the Member ceases to be eligible.
  1. (b)
    In any other case, the later of:
  1. 14 days after the notice is served by the Member; or
  2. The date specified in the notice.
  1. Termination or Suspension of Membership

10.1Where a Member has:

  1. (a)
    Failed to comply with any of the provisions of these Rules;
  2. (b)
    Ceased to meet the requirements of Rules 6.2 or 6.3;
  3. (c)
    Ceased operating and did not recommence operations within a period of 6 months;
  4. (d)
    Failed to comply with the Act or other relevant industrial legislation;
  5. (e)
    Undertaken acts amounting to libel or slander of the Association, including on any media;
  6. (f)
    Acted against the objects of the Association;
  7. (g)
    Committed illegal acts connected with, or incidental to the Member’s capacity as a Member of the Association; or
  8. (h)
    Competed with the Association to the detriment of its membership or coverage,
  9. (i)
    Failed to pay their Annual Subscription as due,

the Board or delegated Officer may terminate a Member’s membership.

10.2A club whose membership has been terminated under Rule 10.1above, may within 1 month of being notified of termination of its membership, make written representations to the Board for reversal of that decision and any decision of the Board on the issue after considering those representations shall be final.

10.3Where a Member has:

  1. (a)
    Not paid its Annual Subscriptions for three months;
  2. (b)
    Been served with a notice by the Association regarding the overdue Annual Subscriptions; and
  3. (c)
    Not paid the overdue Annual Subscriptions within 7 days of the notice,

the Board or delegated Officer may terminate a Member’s membership.

10.4If an organisation’s membership is terminated under this Rule, the organisation may apply for reinstatement and the Board may reinstate the applicant as a Member provided the applicant meets the eligibility requirements of Rules 6.2 or 6.3.

  1. No rights on withdrawal or termination

11.1The former Member will remain liable for and pay to the Association any monies due by the Member at the time of the cessation of the membership meaning, without limitation, any unpaid Annual Subscriptions.

11.2Any dues payable but not paid by a former Member, may be sued for and recovered in the name of the Association, in a court of competent jurisdiction, as a debt due to the Association, subject to the requirements of the Act.

11.3Upon withdrawal or termination of membership, the former Member must deliver to the Association all signs, logos and other promotional material of the Association, which the former Member may hold.

  1. Register of Members

12.1Each year the Chief Executive Officer must keep a register of Members at the Association's registered office which records the following particulars for each Member:

  1. (a)
    Name;
  2. (b)
    Email address;
  3. (c)
    Postal address;
  4. (d)
    The date on which they became a Member;
  5. (e)
    If the person's membership has ended, the day it ended; and
  6. (f)
    Any other particulars as the Board may direct from time to time.

12.2The register required by this Rule must be kept in electronic form.

12.3The register must list Members according to the Industry Group in which the Member is grouped pursuant to Rule 5.1.

12.4The register must have an index of names of Members in alphabetical order.

12.5An entry in the register will be evidence of membership of the Association.

12.6The register will be open for inspection at all reasonable times by any Member who applies in advance for such inspection.

  1. Register of Officers

13.1Each year, the Association must keep a register of Officers at the Association's registered office which records the following particulars for each Officer:

  1. (a)
    Name;
  2. (b)
    Residential address;
  3. (c)
    The office that is held;
  4. (d)
    The day the Officer was declared elected or are otherwise appointed; and
  5. (e)
    If that person stops being an Officer, the date the person stopped being an Officer.

13.2The register required by this Rule must be kept in electronic form.

13.3The Association must, before 31 March in each year, file a copy of its register of Officers as at the start of the year with the Industrial Registrar.

13.4Within 30 days of the appointment or resignation of an Officer, the Association must file a copy of its register of Officers with the Industrial Registrar.

  1. President

14.1The President will:

  1. (a)
    Preside as chair at all meetings which they are present;
  2. (b)
    Be an ex-officio member of all sub-committees; and
  3. (c)
    Have a deliberative as well as a casting vote.

14.2The President is elected in accordance with Rule 20.

14.3To be eligible for the election to the position of President, the nominee must have either:

  1. (a)
    Served at least one year on the Board within the previous three years; or
  2. (b)
    Served on the committee or Board of a Member for two of the previous three years; and
  3. (c)
    Not have served more than three three-yearly terms in the role of President in the period after the 2017 AGM; however, if the full Board agree that a skill set held by the President is critical to a current project, then the President may nominate and be elected for a further three yearly term.
  1. Vice President

15.1The Board elects the Vice-President pursuant to Rule 20.

15.2The person elected as Vice-President will act as President in the absence of the President for whatever period is required.

15.3In the absence of the President from any meeting of the Board, the chair will be taken by the Vice President.

15.4The Vice President shall exercise the powers of the President in the absence of the President at the meeting.

  1. Chief Executive Officer

16.1Unless otherwise determined by the Board, there will be a Chief Executive Officer of the Association whose powers, duties and remuneration will be determined by the Board Chair (President) in consultation with the Vice-President.

16.2The Chief Executive Officer must not be an Officer of the Association as defined in Section 409 and 412 of the Industrial Relations Act 1999.

16.3The Chief Executive Officer:

  1. (a)
    Must exercise their duties only in accordance with delegations or directions given by the Board or any Officers authorised by the Board from time to time, for the purpose of implementing existing policy of the Association or decisions concerning the Association; and
  2. (b)
    Does not in any case have any voting rights at meetings of the Board, or elections for positions on the Board.

16.4Subject to Rule 16.3, the Chief Executive Officer shall perform the following duties:

  1. (a)
    Receive all monies on behalf of the Association and ensure the Association keeps a separate account of every particular fund and keeps separate accounts of the expenses of management and of all contributions;
  2. (b)
    Ensure the accounts of the Association are duly audited once a year, at the end of the Financial Year or more frequently as determined by the Board;
  3. (c)
    Keep charge of all books and records of the Association and shall be responsible for their safe custody and also for the safe custody of such other papers and property belonging to the Association as the Board shall direct and be responsible for the same to the Board;
  4. (d)
    Be responsible for all correspondence involving the Board, including preparing and signing all notices and other documents on behalf of the Association (subject only to Rule 16.5);
  5. (e)
    Keep minutes of all meetings of the Board and committees of the Association;
  6. (f)
    Keep a record of Members of the Association as detailed in Rule 12 of these Rules; and
  7. (g)
    Be responsible for the general administration of the Association.

16.5Notwithstanding anything to the contrary, all financial statements for the Association must be issued under the hand of an Officer (See Sections 554(2) and 570(1)(b) of the Industrial Relations Act 1999 and Division 3 and Schedule 4 of the Industrial Relations Regulation 2011).

16.6The President; or

  1. (a)
    In the President’s absence, the Vice President; or
  2. (b)
    In the Vice President’s absence, another Officer,

must notify the Commission in the prescribed manner of the existence or likelihood of industrial disputes involving Members of the Association.

  1. AuditorExecutive Officer

17.1The Board will, at its first meeting after the election of Officers for the Financial Year, appoint a competent person within the meaning of the Act as auditor whose duty it is to inspect and carry out an annual audit in accordance with the Act.  Subsequently, the Board may appoint an auditor for those purposes for a term not exceeding three years.

17.2The auditor will be paid a sum as the Board may decide, from time to time.

17.3The auditor must make an audit report which:

  1. (a)
    Complies with the requirements of the Act; and
  2. (b)
    Is presented to the Chief Executive Officer within 30 days of the end of the Financial Year for which the audit was made.
  1. Membership of the Board

18.1The management of the Association is vested in a Board comprising the President, Vice-President and Board members (the Officers) each elected by and from Members using a Direct Multiple Voting System, except for the Vice President.

18.2Nominees for the Board must –

  1. (a)
    Have served at least one year on the Board of the Association within the previous three years; or
  2. (b)
    Have served on the committee or board of a Member club or been gainfully employed as a Club Manager, General Manager, Chief Executive Officer of a Member club for three or more of the previous five years; and
  3. (c)
    Not have served more than three three-yearly terms as a Director of the Association in the period after the 2017 AGM; however, if the full Board agree that a skill set held by a Director is critical to a current project, then the Director may nominate and be elected for a further three yearly term.
  1. Transition to a Board of Eight

19.1At the annual general meeting to be held following completion of the Financial Year ending 31 December 2016 (2017 AGM):

  1. (a)
    The number of Officers will be reduced to 8, subject only to the following (See also Schedule 1 to these Rules for the Board approved process);
  1. If the number of Officers retiring by rotation and by voluntary resignation result in not more than 5 Officers remaining in office before and after the 2017 AGM without re-election or election (including the President and Vice President), those officers shall take up office on the Board from the 2017 AGM; however,
  2. If the number of Officers retiring by rotation and by voluntary resignation result in more than 5 Officers remaining in office before and after the 2017 AGM without re-election or election (including the President or Vice President), those officers shall take up office on the Board from the 2017 AGM; and
  1. (b)
    An Officer who retires by rotation or voluntarily resigns under this rule can nominate for re-election to vacant positions on the Board; and

19.2An Officer who did not voluntarily resign under  19.1(a)(1) or 19.1(a)(2) (a Continuing Officer) will have their term of office extended by one year if necessary to synchronise elections for other Officers in the organisation under transitional arrangements approved by the Board to apply from the 2017 AGM through to the 2019 AGM.  This will be arranged to facilitate the following –

  1. (a)
    The Vice President and one Director to be declared vacant from the AGM 2018;
  2. (b)
    The President and two Directors – to be declared vacant from the AGM 2019; and
  3. (c)
    A 3 yearly pattern of retirements and elections as referred to in Rule 22.1(d) from the 2019 AGM onwards.
  1. Election of President and Vice-President

20.1Subject to the operation of Rule 18 during the period of transition to a Board of 8 members, a President will be elected every three years by members from across the State in an election carried out by the Electoral Commission.

20.2Other than for a casual vacancy, a nomination for the position of President will be referred to the Electoral Commission for its due process as to election in accordance with Rules 21 to 30.

20.3If only one nomination is received by the Returning Officer for the position of President, then the candidate will be declared elected.

20.4Should more than one candidate nominate for the position of President, the Returning Officer will conduct a secret postal ballot.

20.5The ballot for President will remain open for 21 days from the date of opening.

20.6After the finishing day for the ballot, the Returning Officer will count the votes received and the candidate receiving the most votes will be declared elected.

20.7Subject to the operation of Rule 18 during the period of transition to a Board of 8 members, a Vice-President will be elected from the Officers every three years at the first meeting of the Board after the election of the Officers, by way of a collegiate voting system.

20.8Subject to retirement by rotation or voluntary resignation, the Officer elected as Vice President shall hold office for a term from the date of the first meeting of the Board after the election of Officers until the third AGM following that meeting.

20.9The Association shall notify the Electoral Commission two months prior to calling for nominations of the need to run an election for the position of Vice President and for the Electoral Commission to be the Returning Officer.

20.10 Only elected Officers other than the President, may nominate for the position of Vice President.

20.11 The Returning Officer shall call for nominations for the position of Vice President, at the first meeting of the Board after the election of Officers.  An Officer who wishes to nominate shall verbally advise the Returning Officer who shall record the Officer’s name.

20.12 If only one nomination is received by the Returning Officer for the position of Vice-President, then the Returning Officer shall declare the Officer as elected unopposed.

20.13 Should more than one candidate nominate for the position of Vice-President then a secret ballot shall be held on a first-past-the-post basis –

  1. (a)
    The names of the nominees shall be placed on ballot papers equal in number to the number of Officers on the Board.  These shall then be given to each Officer;
  2. (b)
    Each Officer shall make only one mark next to the name of the Officer for whom they wish to vote.
  3. (c)
    The ballot paper shall then be handed to the Returning Officer.
  4. (d)
    After counting the votes, the Returning Officer shall declare the successful candidate who shall be the nominee with the most votes.
  5. (e)
    Should an Officer be absent, they may arrange to have a proxy vote.  The Officer shall provide another Officer with a written authority signed by the absent Officer, to vote in the election for the position of Vice President.  The written advice must state the name of the absent Officer and to whom the proxy is given, and for what purpose.  The written proxy must be given to the Returning Officer prior to the commencement of the election.
  6. (f)
    Any candidate may appoint a scrutineer.  The scrutineer may be present at the preparation of ballot papers, the return of ballot papers and the counting of ballot papers.  The scrutineer shall not handle any ballot papers without the express consent of the Returning Officer.
  7. (g)
    Should a scrutineer believe there is an error or that a vote should not be counted, the scrutineer is to advise the Returning Officer.  The Returning Officer is to determine the validity of the claim and rule on whether or not the vote is to be counted.
  8. (h)
    In the event of a tie in the ballots, the President may exercise a casting vote.
  9. (i)
    At the completion of the election process for each position, the Returning Officer shall declare the successful candidate.
  1. Election of Officers

21.1Subject to Rules 18 regarding transition to a Board of 8 Officers, Rule 20 regarding the election of the President and Vice President and Rule 31 regarding election result, Officers will be elected to the Board for three yearly terms by secret postal ballot prior to the Annual General Meeting for a particular year following the pattern below.  Provided that Officers except for President and Vice President, will be elected from within their particular Region

  1. (a)
    2017 – 3 Directors – 1 from Northern Region, 1 from Central and Western Region and 1 from South East Region;
  2. (b)
    2018 – 2 Directors – 1 from Northern Region and 1 from South East Region;
  3. (c)
    2019 – A President (Elected by Members from across the State) and 2 Directors – one from Central and Western Region and 1 from South East Region; and
  4. (d)
    Repeating this pattern of elections in subsequent 3-year cycles with the aim of ensuring in due course that the Board’s composition becomes 2 Directors (or 2 Directors and the President) from the Northern Region, 2 Directors (or 2 Directors and the President) from the Central and Western Region and 3 Directors (or 3 Directors and the President) from the South East Region (Also see Schedule 1 for the Board approved process).
  5. (e)

21.2A person will be eligible for election to the Board if nominated by a Member in accordance with Rule 23.

21.3All elections for Officers are to be conducted by the Electoral Commission.

21.4Election of Officers must be by a direct voting system as follows:

  1. (a)
    All Financial Members have the opportunity to vote; and
  2. (b)
    The number of votes to be cast by each Financial Member voting is calculated by reference to the level of Annual Subscription, allocated as follows:

Present Annual Subscription

Number of Votes

$100 - $600

1

$601 - $1,720

2

$1,721 - $6,000

3

$6,001 - $12,000

4

$12,001 +

5

(referred to in these Rules as the “Direct Multiple Voting System”)

21.5A Member may vote in a ballot only if the person is a financial member of the organisation on a day 30 days prior to the opening day for nominations.

  1. Pre-election procedures

22.1The Returning Officer must:

  1. (a)
    Fix the opening day for nominations for office that must be at least 3 months prior to the annual general meeting;
  2. (b)
    Fix the closing day for nominations which must be at least 21 days but no more than 30 days after the opening day for nominations;
  3. (c)
    Fix the starting day for the ballot to decide the result of the election if a ballot becomes necessary under Rule 26, which must be a day not before the closing day for nominations but no more than 10 days after the closing day for nominations; and
  4. (d)
    Fix the finishing day for the ballot which must be at least 21 days after the starting day for the ballot but not longer than 30 days after the starting day for the ballot.
  1. Nominations

23.1Nominations will open at midday on the opening day and close at midday on the closing day. 

23.2The Returning Officer must call for nominations for the offices to be filled by notice given to Members in one of the following ways:

  1. (a)
    By post to each Member at the address recorded in the register of Members;
  2. (b)
    By email to each Member at the email address recorded in the register of Members; or
  3. (c)
    By advertisement:
    1. If the Association publishes a journal or newsletter that it gives to Members free of charge, in that journal or newsletter; or
    2. In a daily newspaper circulating in the area where the Association's Members live or work.

23.3The notice must state:

  1. (a)
    The opening day for nominations;
  2. (b)
    The closing day for nominations;
  3. (c)
    That nominations close on midday on the closing day;
  4. (d)
    That a nomination for Office will only be valid if:
  1. It is written;
  2. It is signed by the nominee;
  3. It states which Member nominated the nominee;
  4. The nominating Member is a Financial Member at the time of nominating the nominee;
  5. It states which Industry Group the Member is from;
  6. It is signed by an authorised officer of the nominating Member; and
  7. It is given to the Returning Officer before nominations close
  1. (e)
    The starting and finishing days for a ballot to decide the result of the election if ballots become necessary under Rule 24; and
  2. (f)
    That only Financial Members when the roll of voters is closed may vote in the election.

23.4A nomination for office must comply with Rule 23.3(d).

23.5If a nomination complies with Rule 23.3(d), the Returning Officer must accept it.

23.6A candidate may withdraw the candidate's nomination by written notice given to the Returning Officer no later than seven days after nominations close.

23.7If a nomination is given to the Returning Officer after nominations have closed the Returning Officer must reject it.

23.8If a nomination does not comply with Rule 23.3(d) or is otherwise defective before rejecting a person's nomination as defective the Returning Officer must:

  1. (a)
    Notify the person concerned of the defect;
  2. (b)
    Give the person at least seven days from the date of notification to remedy the defect; and
  3. (c)
    If practicable, the notice must be given before nominations close.

23.9Failure to give the notice under Rule 23.8 does not invalidate the election.

  1. When a ballot must be held

24.1If there are more candidates for election to an office than the number to be elected, the Returning Officer must conduct a ballot under Rules 26 to 31.

24.2The ballot must be a secret postal ballot.

  1. Election without a ballot

25.1The Returning Officer must declare a candidate elected to an office if:

  1. (a)
    Nominations have closed; and
  2. (b)
    The number of candidates for the office does not exceed the number of positions to be filled.
  1. Conducting ballots

26.1Subject to Rule 25, ballots must be held for all vacant offices.

26.2A roll for each ballot must be prepared at the direction of the Returning Officer.

26.3The Returning Officer must ensure the roll is closed on a day 30 days, before the day on which nominations for the election open and that the roll states the name of each Member which is a Financial Member when the roll closes:

  1. (a)
    In alphabetical order; and
  2. (b)
    With each Member's address, opposite the name.

26.4The Association must give the Returning Officer:

  1. (a)
    A copy of its Member's register with detail as to Zones;
  2. (b)
    Access to the Association's records reasonably necessary for the Returning Officer to ensure the roll is accurate; and
  3. (c)
    Access to the Member’s subscription records.

26.5The Returning Officer must make the roll available for inspection:

  1. (a)
    In the period of time that:
  1. Starts on the day after the roll is closed under Rule 26.3;
  2. Ends 30 days after the result of the election is declared; and
  1. (b)
    At the Association's registered office when it is open for business.

26.6A candidate, authorised officer of a Member or other person authorised by the Returning Officer may at the times and places stated in the Rule 26.5:

  1. (a)
    Inspect the roll, free of charge; or
  2. (b)
    Take a copy of the roll or part of the roll.

26.7Despite Rule 26.3, if a Financial Member’s name does not appear on the roll, that Member may apply to the Returning Officer to have the Member’s name included on the roll.

26.8If the Returning Officer is satisfied the Member was a Financial Member when the roll was closed in accordance with Rule 26.3, the Returning Officer must include the Member's name on the roll.

26.9The Association must give each candidate equal opportunity to express their views to the Members in a statement for the election.  The statement must be posted by the Returning Officer to each Financial Member with the voting material for the election under Rule 27.4

26.10Notwithstanding Rule 27.4, the Returning Officer can refuse to post a statement if the statement is more than 1,000 words long or is defamatory.

  1. Voting Material

27.1The ballot paper for the election must:

  1. (a)
    Be a different colour from the colour used for ballot papers at the two previous elections;
  2. (b)
    Identify the Region for which the ballot is taking place, unless the vote is for the position of President;
  3. (c)
    List the names of each candidate for the respective Region once only, with the surname first, followed by the candidate's other names;
  4. (d)
    State how the voter may vote;
  5. (e)
    State that the voter must fill in and sign the voting declaration or the vote will not be counted; and
  6. (f)
    State that the voter must return the ballot paper or papers to the Returning Officer by posting the ballot paper to the Returning Officer so it is received before or on the finishing day of the ballot.

27.2The order of names on the ballot papers must be decided by lot drawn by the Returning Officer.

27.3If two or more candidates have the same surname and first names, the candidates must be distinguished in an appropriate way.

27.4The Returning Officer must post each candidate's statement and the following material (Voting Material) to each voter:

  1. (a)
    The number of ballot papers each Member is entitled to under Rule 21.4, each having been initialled by the Returning Officer;
  2. (b)
    An unsealed reply paid envelope (a "return envelope" in the prescribed form) addressed to the Returning Officer, which is an outer envelope that the Returning Officer is satisfied is large enough to have a declaration envelope placed in it for return to that person;
  3. (c)
    A declaration envelope in the prescribed form, for each ballot paper or in the case of an entitlement under Rule 21.4 to multiple votes, a declaration envelope in the prescribed form to hold all of the ballot papers provided; and
  4. (d)
    Other material the Returning Officer considers appropriate for the ballot including, for example, directions or notes to help the voter to comply with the Rules and cast a valid vote or votes.

27.5Voting Material must be posted to each voter:

  1. (a)
    In a sealed envelope to the voter's address on the roll; and
  2. (b)
    As soon as practicable but not earlier than 2 days before the starting day of the ballot.

27.6The voting declaration must state:

"I certify that I am the person whose name appears on this envelope and I have voted on the ballot paper/s contained in the envelope and I have not voted before in this ballot ".

27.7If a voter gives a Returning Officer notice that the voter will be absent from the address stated on the roll when Voting Material is to be given, the Returning Officer must post the material to the address stated in the notice.

27.8Before posting Voting Material to a voter, the Returning Officer must mark a different ballot number for each voter on:

  1. (a)
    The roll against the voter's name; and
  2. (b)
    The removable flap or label on the declaration envelope or envelopes.

27.9The ballot numbers must start with a number chosen by the Returning Officer.

27.10A ballot paper must not be marked in a way that could identify the voter.

27.11After posting the Voting Material, the Returning Officer must obtain a ballot box.  The Returning Officer must:

  1. (a)
    Keep the box in a safe place; and
  2. (b)
    Seal the box in a way that:
  1. Allows Voting Material to be placed in it until the ballot finishes; and
  2. Prevents Voting Material from being taken from it until votes for the ballot are to be counted.

27.12If Voting Material posted to a voter:

  1. (a)
    Has not been received by the voter;
  2. (b)
    Has been lost or destroyed; or
  3. (c)
    If the document is a ballot paper or ballot papers, has been spoilt,

the voter may apply to the Returning Officer for a duplicate of the relevant document. 

27.13This application must:

  1. (a)
    Be received by the Returning Officer on or before the finishing day of the ballot;
  2. (b)
    State the grounds on which it is made;
  3. (c)
    If practicable, be substantiated by evidence verifying, or tending to verify the grounds;
  4. (d)
    State that the voter has not voted at the ballot; and
  5. (e)
    If the document is a spoilt ballot paper or papers, be accompanied by the ballot paper or ballot papers.

27.14If the application complies with Rule 27.13, the Returning Officer must:

  1. (a)
    If the document is a spoilt ballot paper or ballot papers:
  1. Mark spoilt on the paper or papers;
  2. Initial the paper or papers where marked and keep the paper or papers; and
  3. Give a fresh ballot paper or ballot papers as the Member is allocated in accordance with by Rule 21.4; or
  1. (b)
    If the document is not a spoilt ballot paper or ballot papers, give a duplicate of the relevant document to the voter.
  1. Voting

28.1A ballot must remain open for at least 21 days and no longer than 30 days.

28.2A voter may vote only by completing a ballot paper or ballot papers as allocated in accordance with Rule 21.4 by:

  1. (a)
    Writing a tick or a cross in the square opposite the name or names of the candidate or candidates the voter may vote for under Rule 28.3 below;
  2. (b)
    Complying with the instructions on the paper or papers;
  3. (c)
    Putting each ballot paper in a declaration envelope or where multiple ballot papers have been allocated under Rule 21.4, all ballot papers in a declaration envelope;
  4. (d)
    Sealing the declaration envelope;
  5. (e)
    Filling in and signing a voting declaration for each declaration envelope;
  6. (f)
    Complying with any direction under Rule 27.4(d); and
  7. (g)
    Returning the return envelope to the Returning Officer before voting closes by posting it to the Returning Officer so that the envelope is received before or on the finishing day of the ballot.

28.3A voter may only vote for the maximum number of positions to be filled.

  1. Scrutiny of votes

29.1A candidate may:

  1. (a)
    Act personally as a scrutineer; or
  2. (b)
    Appoint another person as a scrutineer for the candidate.

29.2An appointment must be in writing and signed by the candidate.

29.3A candidate must notify the Returning Officer of the name of their appointee as soon as possible after he or she is appointed.

29.4The Returning Officer may refuse to allow an appointee to act as a scrutineer if:

  1. (a)
    The Returning Officer asks to inspect the form of appointment; and
  2. (b)
    The appointee does not produce it.

29.5A scrutineer may be present at the:

  1. (a)
    Preparation and giving of Voting Material for a ballot;
  2. (b)
    Receipt of Voting Material on placing the material in safe custody under Rules 30.1 and 30.2; or
  3. (c)
    Counting of votes.
  1. Counting of votes

30.1The Returning Officer must place voting material for the ballot that has been returned to the Returning Officer in a ballot box until the votes are to be counted.

30.2If, after the finishing day for the ballot, the Returning Officer receives a return envelope purporting to contain a ballot paper or papers for the ballot, the Returning Officer must:

  1. (a)
    Keep the envelope sealed;
  2. (b)
    Mark the envelope "received by the Returning Officer after the finishing day for the ballot"; and
  3. (c)
    Keep the envelope in safe custody, separately from return envelopes received before or on the finishing day.

30.3As soon as possible after the finishing date for the ballot, the Returning Officer must:

  1. (a)
    Seal any ballot box in a way that prevents anything from being placed in it;
  2. (b)
    Take the ballot box to the place where votes are to be counted; and
  3. (c)
    Deal with the Voting Material under the Rules.

30.4After the ballot box has been taken to the place where votes are to be counted, the Returning Officer must:

  1. (a)
    Unseal the ballot box and take out the return envelopes;
  2. (b)
    Open each return envelope and take out each declaration envelope;
  3. (c)
    Examine each declaration and mark off the voter's name on the roll for the election each declaration relates to;
  4. (d)
    Check the ballot number on each declaration against the ballot number marked against the voter's name on the roll for the election each declaration relates to; and
  5. (e)
    Ensure each declaration is signed.

30.5After complying with Rule 30.4, the Returning Officer must remove the declarations from the declaration envelopes and place them into separate containers for each election if satisfied:

  1. (a)
    Each declaration is signed; and
  2. (b)
    The ballot number on each declaration corresponds with the ballot number marked beside the voter's name on the roll for the election each declaration relates to.

30.6However, the Returning Officer must not put a declaration envelope or a declaration in the containers mentioned in Rule 30.5 if:

  1. (a)
    The Returning Officer reasonably believes the voter to whom it was sent did not sign the declaration; or
  2. (b)
    The person named on the declaration is the not the person to whom it was sent.

30.7The Returning Officer must keep declaration envelopes and declarations excluded under Rule 30.6 separate from other declaration envelopes and declarations.

30.8Rule 30.6 does not apply if the Returning Officer is satisfied the person who filled and signed the declaration:

  1. (a)
    Is a voter and has not previously voted in the ballot; and
  2. (b)
    Has a reasonable explanation for using the ballot material.

30.9If Rule 30.5 or 30.8 apply, the Returning Officer must:

  1. (a)
    Accept the declaration as valid;
  2. (b)
    Note the acceptance on the declaration; and
  3. (c)
    Record the correct ballot number on the roll against the name of the voter who signed the declaration.

30.10After separating the declaration envelopes and the declarations, the Returning Officer must do the following in order:

  1. (a)
    Seal the container holding declarations;
  2. (b)
    Open the declaration envelopes not excluded under Rule 30.6 and take out the ballot papers; and
  3. (c)
    Put all of the ballot papers in the ballot box.

30.11To count votes the Returning Officer must:

  1. (a)
    Admit the valid votes and reject the informal votes;
  2. (b)
    Count the valid votes, and record the number for each candidate; and
  3. (c)
    Count the informal votes.

30.12A vote is only informal if:

  1. (a)
    The ballot paper is not initialled by the Returning Officer and the Returning Officer is not satisfied the paper is authentic;
  2. (b)
    The ballot paper is marked in a way that allows the voter to be identified;
  3. (c)
    The ballot paper is not marked in a way that makes it clear how the voter meant to vote; or
  4. (d)
    The ballot paper does not comply with the direction given under Rule 27.4(d).

30.13At the counting of votes a scrutineer may:

  1. (a)
    Object to a ballot paper being admitted as valid or rejected as informal by the Returning Officer; or
  2. (b)
    Advise the Returning Officer if the scrutineer considers an error has been made in conducting the ballot or counting votes.

30.14If an objection is made under Rule 30.13(a), the Returning Officer must:

  1. (a)
    Decide whether the ballot paper is to be admitted or rejected; and
  2. (b)
    Note the decision on the ballot paper and initial the note.

30.15 If the Returning Officer is advised under Rule 30.13(b), the Returning Officer must:

  1. (a)
    Decide whether the error has been made; and
  2. (b)
    If appropriate, direct action to correct or mitigate the error.

30.16The Returning Officer may direct a person to leave the place where votes are being counted if the person:

  1. (a)
    Does not have the right to be present, or remain present at the count; or
  2. (b)
    Interrupts the count other than to exercise a scrutineer's right.
  1. Election result

31.1Subject to Rule 31.2 and Rule 31.3, the candidates with the highest number of votes corresponding to the number of positions to be filled will be elected.

31.2Subject to Rule 18 in relation to transition to a Board of 8 members between 2017 and 2019 and Rule 20 regarding the election of a President, Regions shall have no more than the following number of candidates elected to office –

  1. (a)
    Northern Region – 2 Candidates (or if necessary under Rule 20, 2 Candidates plus the President);
  2. (b)
    Central & Western Region – 2 Candidates (or if necessary under Rule 20, 2 Candidates plus the President); and
  3. (c)
    South East Region – 3 Candidates (or if necessary under Rule 20, 3 Candidates plus the President).

The above shall not apply to the elections of officers at AGMs in 2017, 2018 and 2019.

31.3The process outlined in Rule 31.2 above is continued until all positions are filled.

31.4If two or more candidates for a particular office receive the same number of votes, the Returning Officer must determine which candidate is elected by drawing lots.  This decision must be made in the presence of any scrutineer who wishes to attend.

  1. Resignation or removal from office

32.1An Officer may be removed from office if:

  1. (a)
    They are found by a majority vote of the remaining members of the Board to be guilty of:
    1. Misappropriation of the funds of the Association;
    2. A substantial breach of the Rules; or
    3. Gross misbehaviour or gross neglect of duty in the office; or
  2. (b)
    The Officer has ceased to be eligible to hold office under these Rules.

32.2The procedure to be followed in determining a matter under Rule 32.1 will be as near as possible to the procedures provided for under Rule 10.1 in the case of a complaint against a Member.

32.3An Officer may resign from office at any point during the term of office by written notice served on the Chief Executive Officer or at the registered address of the Association.

  1. Casual vacancies

33.1If an Officer dies, retires, is removed from office or resigns, the casual vacancy may be filled by in accordance with this Rule.

33.2If a casual vacancy on the Board occurs and the unexpired part of the term of office is longer than the greater of:

  1. (a)
    1 year; or
  2. (b)
    Three-fourths of the term of office,

an election in accordance with Rules 21to 31 must be held for the filling of the casual vacancy.

33.3If an election is not required under Rule 33.2 the Board can either:

  1. (a)
    Resolve to fill any casual vacancy on the Board, from persons eligible, for the balance of the unexpired term; or
  2. (b)
    Resolve not to fill a casual vacancy.

33.3A person will be eligible for appointment to the Board under Rule 33.3(a) if nominated by a Member.  After the 2017 AGM, a person will be eligible if they are from the same Region as the resigning Officer and are nominated by a Member from that Region.

33.4A person who fills a casual vacancy under Rule 33.3(a), is taken to have been elected to the office.

33.5Where:

  1. (a)
    An election is not required under this Rule;
  2. (b)
    The Board resolves not to fill a casual vacancy; and
  3. (c)
    There is an equality of votes at a Board meetings,

the President will have a second or casting vote in accordance with Rule 14.1(c).

33.7If a casual vacancy arises in the position of President and/or Vice-President and an election is not required under Rule 33.2, the casual vacancy must be filled in accordance with this Rule.

33.8Any Officer may nominate for a casual vacancy in the position of President or Vice President.

33.9An Officer can only nominate for one position and not both.

33.10A nomination for a casual vacancy in the position of President will be determined by the Board including the outgoing President, who shall have a casting vote in the case of equal votes for and against a particular candidate.

33.11A nomination for a casual vacancy in the position of Vice President will be determined by the Board including the outgoing Vice President and in the case of equal votes for and against a particular candidate, the President shall have a casting vote.

33.12In case of a vacancy occurring because of the death of the President, the Vice President shall exercise a casting vote in the case of equal votes for and against a particular candidate under Rule 33.10 and 33.11 above.

  1. Functions of the Board

34.1Except as otherwise provided by these Rules and subject to resolutions of the Members at any general meeting, the Board has:

  1. (a)
    The general control and management of the administration of the affairs, property and funds of the Association.

34.2The Board may exercise all the powers of the Association including, without limitation, to:

  1. (a)
    Borrow or raise or secure the payment of money in such manner as the Board may think fit and secure the same or the payment or performance of any debt, liability, contract, guarantee or other engagement incurred or to be entered into by the Association in any way;
  2. (b)
    Borrow amounts from Members and to pay interest on the amounts borrowed, and to mortgage or charge its property or any part thereof;
  3. (c)
    Take a lease of or purchase an office for the use of the Association; and
  4. (d)
    Invest in any manner authorised by the Rules monies not immediately required for the purposes of the Association.

34.3For Rule 34.2(b), the rate of interest must not be more than the rate for the time being charged for overdrawn accounts on money lent (whatever the term of the loan) by:

  1. (a)
    The financial institution for the Association; or
  2. (b)
    If there is more than one financial institution for the Association, the financial institution nominated by the Association.

34.4The Board will be the sole authority for the interpretation of these Rules and any by-laws, including on any matter on which these Rules are silent, and any decision made on these Rules and by-laws will be final and binding on the Members.

34.5The Board will ensure the Chief Executive Officer advises the Commission on an annual basis, the number of Members of the Association.

34.6Attendance at Board meetings is an express requirement and obligation of all Board members.  Failure to attend a meeting of the Board without reasonable excuse for three consecutive ordinary or special meetings (unless leave of absence is granted by the Board) will be considered a substantial breach of these Rules.

34.7Special Skills – The Board shall endeavour to develop in its Officers, the Special Skills referred to in Rule 61.23 when considering development opportunities for Officers. 

  1. Meetings of the Board

35.1The Board may meet together in person, by telephone, by video or any other form of electronic device which must allow at all times the Officers to be able to hear and be heard by all other Officers at the meeting, for the dispatch of business, to adjourn and to otherwise regulate their meetings as they think fit.

35.2The Board will meet at least once every 2 months to exercise its functions.

35.3Meetings are to be called by the President, on such a day and place as the President determines.

35.4Upon receipt of a written requisition signed by 50% of the Officers, the President of must summon a meeting of the Board.

35.5At least 7 days prior to the meeting date, the President must give Officers written notice of the meeting to each Officers email address.

35.6At every meeting of the Board a simple majority of a number equal to the number of Officers elected and appointed to the Board as at the close of the last general meeting of the Members, will constitute a quorum.

35.7Subject to Rule 35.1, the Board may meet together and regulate its proceedings as it thinks fit.

35.8Any questions arising at any meeting of the Board will be decided by a majority of votes and, in the case of equality of votes, the President shall decide the question as they see fit with their casting vote.

35.9An Officer will not vote in respect of any contract, proposed contract or matter arising out of a contract with the Association in which the Officer is interested, and if the Officer does vote the Officer’s vote will not be counted.

35.10The President must give at least 7 days’ notice to the Officers of any special meeting of the Board.

35.11The notice will clearly state the nature of the business to be discussed at the meeting.

35.12Despite Rule 35.10, shorter notice may be given for special meetings of the Board if:

  1. (a)
    All members of the Board consent in writing, or
  2. (b)
    If the matter to be considered is of an urgent nature and reasonable notice has been given.

35.13The President will preside as chair at every meeting of the Board. 

35.14If the President:

  1. (a)
    Is absent for a particular period; or
  2. (b)
    Is not present at a Board meeting within 10 minutes after the time appointed for holding the meeting,

the Vice-President will be chair for the meeting and the Vice-President will exercise the powers of the President in the absence of the President at the meeting.

35.15If both President and Vice-President are not present at the meeting then the Members can appoint one of the Officers to chair of the meeting. The Officer appointed under this Rule may exercise the powers of the President at the meeting.

35.16If a quorum is not present within 30 minutes after the time appointed for the commencement of a Board meeting, the meeting:

  1. (a)
    If convened upon the requisition of members of the Board, shall lapse; or
  2. (b)
    In any other case, will stand adjourned to the same day in the next week at the same time and place, or to another day, time and place as the Board may determine, and if at the adjourned meeting a quorum is not present 30 minutes from the time appointed for the meeting, the meeting will lapse.
  1. Delegation of powers of the Board

36.1The Board may delegate any of its powers to a sub-committee consisting of such members of the Board as the Board thinks fit.

36.2Any sub-committee formed will in the exercise of the powers delegated conform to any rules that may be imposed on it by the Board.

36.3A sub-committee may elect a chair of its meetings.

36.4If no chairperson is elected, or if at any meeting the chairperson is not present within 10 minutes after the time appointed for holding the meeting, the Members present may choose one of the other sub-committee members to be chairperson of the meeting.

36.5A sub-committee may meet and adjourn as it thinks proper.

36.6Questions arising at any meeting will be determined by a majority of votes of the sub-committee members present and, in the case of an equality of votes, the President shall decide the question as he/she sees fit with their casting vote.

  1. Invalidities

Sections 613 to 615 of the Industrial Relations Act 1999 provides the mechanism for testing alleged invalidities in the appointment of Officers, acts done by any meeting of the Board or of a sub-committee or by any Officer acting as a member of the Board or sub-committee.

  1. Resolutions of the Board without meeting

38.1A resolution in writing signed and dated by not less than 75% of the Officers on the Board containing a statement that they are in favour of the resolution will be as valid and effectual as if it had been passed at a meeting of the Board duly convened and held.

38.2Any such resolution may consist of several copies of a document, each signed and dated by one or more Officers if the wording of the resolution and statement is identical in each copy.

38.3A resolution under this Rule shall be deemed to have been passed on the day when the resolution is last signed by an Officer.  If a signed copy of the resolution shall be returned to the President undated, the President shall fill in the date on which it was received and it will be deemed to have been signed on that day.

38.4For the purposes of this Rule:

  1. (a)
    An email sent by an Officer shall be deemed to be signed and dated by such Officer; and
  2. (b)
    A reference to all the Officers does not include a reference to an Officer who, at a meeting of the Board, would not be entitled to vote on the resolution.
  1. General Meetings

39.1Every Member will be entitled to:

  1. (a)
    Nominate one member from its own body as a Delegate to general meetings of the Association; or
  2. (b)
    Nominate a Delegate not necessarily a member of its own body provided that the Delegate is a member of another Member forming part of the Association.

39.2The person nominated under Rule 39.1:

  1. (a)
    By a general Member, will be referred in these Rules as a “Delegate”; and
  2. (b)
    By an associate Member, will be referred in these Rules as a “Representative”.

39.3Each Member must provide notice of the nomination to the Chief Executive Officer at least 24 hours before any General Meeting. 

39.4The notice must comply with Rule 48 and include the name, address, and description of the Delegate or Representative (as the case may be).

39.5A Delegate or Representative, as the case may be, will continue to represent the Member until notice of the revocation of their appointment has been to the Chief Executive Officer in accordance with Rule 48.

  1. Annual general meetings

40.1Each annual general meeting must be held:

  1. (a)
    At least once each year; and
  2. (b)
    Within five months after the end of the Association's previous Financial Year.

40.2Notice of the annual general meeting and of the business to be transacted at it will be given by 30 calendar days’ notice in writing to all Members and may be delivered by electronic means to the email address provided as part of the club’s membership application or if updated later as part of a membership renewal, to the email address included as amended Member details.

40.3The audit report and the annual financial statements for the relevant Financial Year must be forwarded free of charge to the Members at least 28 days prior to the annual general meeting and may be delivered by electronic means to the email address provided as part of the club’s membership application or if updated later as part of a membership renewal, to the email address included as amended Member details.

40.4The annual general meeting may pass a resolution that binds the Board.

40.5Except in accordance with Rule 39.1(a), Officers and employees of the Association cannot hold the position of Delegate and Representative to any annual general meeting or special general meeting of the Association.

40.6The following business must be transacted at every annual general meeting:

  1. (a)
    The receiving of the statement of income and expenditure, assets and liabilities and mortgages, charges and securities affecting the property of the Association for the last Financial Year in the form of a general purpose financial report in accordance with the relevant Australian Accounting Standard;
  2. (b)
    The receiving of the auditor's report on the financial affairs of the Association for the last Financial Year;
  3. (c)
    The presenting of the audited statement to the meeting for adoption;
  4. (d)
    The presenting by the Board of a report of its activities for the year; and
  5. (e)
    The declaration of the outcome of the election of Officers.
  1. Special General Meeting

41.1The President, Vice-President or two Officers may convene a special general meeting by sending out notice of the meeting within 14 days of:

  1. (a)
    Being directed to do so by the Board; or
  2. (b)
    The Chief Executive Office being given a requisition in writing signed by 10% of the Financial Members of the Association.

41.2A requisition mentioned in Rule 41.1(b) must clearly state the reasons why such special general meeting is being convened and the nature of the business to be transacted at the meeting.

41.3If the convening of a special general meeting is not declared within 14 days of a requisition being received by the Chief Executive Officer, the requisitionists may themselves convene the special General Meeting and the Association will pay the expenses of convening the meeting.

41.4Notice of the meeting must be given to all Members at least 14 days prior to the date of the special general meeting.

  1. SQuorums at general meetings

42.1At any general meeting the number of Delegates required to constitute a quorum will be double the number of Board members personally present plus one.

42.2No business will be transacted at any general meeting unless a quorum of Delegates is present at the time when the meeting proceeds to business.

42.3For the purposes of this Rule "Delegate" includes a person attending as a proxy for a Member of the Association.  A person may hold more than one proxy. If both a Delegate from the Member club itself and a proxy attend on behalf of a Member, the proxy will be suspended.

42.4If a quorum is not present within 30 minutes from the time appointed for the commencement of a general meeting, the meeting:

  1. (a)
    If convened upon the requisition of Members, will lapse; or
  2. (b)
    In any other case, will stand adjourned to the same day in the next week at the same time and place, or to such other day and at such other time and place as the general meeting may determine, and if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting, the Delegates present will be a quorum.

42.5The chair may, with the consent of any meeting at which a quorum is present (and will if so directed by the meeting), adjourn the meeting, but no business will be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.

42.6When a meeting is adjourned for 30 days or more, notice of the adjourned meeting will be given as in the case of an original meeting.

42.7Except as provided by Rule 42.6, it will not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned meeting.

  1. Notice of general meeting

43.1The Chief Executive Officer will convene all general meetings of the Association by giving not less than 30 days’ notice of any meeting to the Members, unless the meeting is a special general meeting in which case 14 days’ notice is required.

43.2The notice is given in accordance with Rule 48 and must clearly state the nature of the business to be discussed at the meeting.

  1. Procedure at general meeting

44.1Unless otherwise provided by these Rules, at every general meeting:

  1. (a)
    The chair will be
  1. The President; or
  2. If there is no President, or if the President is not present within 15 minutes after the time appointed for the holding of the meeting or is unwilling to act, the Vice-President; or
  3. If the Vice-President is not present or is unwilling to act, then the Delegates present will elect one of their number to be chairperson of the meeting;
  1. (b)
    The chair will maintain order and conduct the meeting in a proper and orderly manner;
  2. (c)
    Every question, matter or resolution will be decided by a majority of votes of the Delegates present;
  3. (d)
    The number of each Delegate’s vote or votes is to be based on the votes allocated to the Member pursuant to Rule 21.4 and in the case of an equality of votes the chair will have a second or casting vote;
  4. (e)
    However, no Delegate will be entitled to vote at any general meeting if the Member’s Annual Subscription is more than one month in arrears at the date of the meeting;
  5. (f)
    Voting will be by show of hands, unless 20% or more of the votes cast by the Delegates present demand a ballot, in which event there will be a secret ballot;
  6. (g)
    The chair will appoint 2 Delegates to conduct the secret ballot in such manner as the chairperson shall determine and the result of the ballot as declared by the chairperson shall be deemed to be the resolution of the meeting at which the ballot was demanded;
  7. (h)
    If a Delegate is unable to attend a general meeting, a Member may complete a proxy in the form provided by the Chief Executive Officer with the notice of meeting;
  8. (i)
    A Member may vote by their Delegate or by proxy and the Delegate or proxy (as the case may be) will have the votes the member is allocated under the Direct Multiple Voting System;
  9. (j)
    The instrument appointing a proxy will be in writing, under the hand of an authorised representative of a Member;
  10. (k)
    A proxy may, but does not need to be, a member of a Member; the instrument appointing a proxy will be deemed to confer authority to demand or join in demanding a secret ballot;
  11. (l)
    Where it is desired to afford Members an opportunity of voting for or against a resolution, the instrument appointing a proxy will be in the following form or as similar as circumstances permit:

“The Registered and Licensed Clubs Association of Queensland, Union of Employers

I, …………………………………………………. of ……………………………………...…………………

being a Member of this Association appoint ……………………………..………………… of…………………………………………………or failing the member,……………………………………………………….of ……………………………….. as my proxy to vote for me on my behalf at the (annual) general meeting of the Association to be held on ……… 20.... and at any adjournment of it.

SIGNED on   ……………………….….20....

Signature ……………………………………

This form is to be used *in favour of/*against the resolution, except in the case of a secret ballot, whereupon my proxy shall vote as he or she thinks fit, unless I advise them confidentially otherwise by telephone or other means of communication at the time.

(*Strike out whichever is not desired).”

  1. (m)
    Unless otherwise instructed the proxy may vote as he or she thinks fit;
  2. (n)
    The instrument appointing a proxy will be provided to the Chief Executive Officer prior to the commencement of any general meeting or adjourned meeting at which the person named in the instrument proposes to attend and vote; and
  3. (o)
    The Chief Executive Officer will cause full and accurate minutes of all questions, matters, resolutions and other proceedings of every General Meeting to be entered in a book to be open for inspection at all reasonable times by any Financial Member who previously applies to the Chief Executive Officer for that inspection.

44.2For the purposes of ensuring the accuracy of the recording of the minutes, the minutes of every general meeting must be signed by the chair of that meeting or the chair of the next succeeding general meeting, verifying their accuracy.

44.3However, the minutes of any Annual General Meeting must be signed by the chair of that meeting or the chair of the next succeeding general meeting or annual general meeting.

  1. Zones

45.1The State shall be divided into 12 membership Zones as determined by the Board;

45.2A Zone Representative shall be elected for each Zone who shall be a principal point of liaison and representation between Members in that Zone and the Board;

45.3Zone Representatives shall serve for a maximum of four 2 yearly terms in the period after the 2017 AGM;

45.4Elections of Zone Representatives in any particular year shall occur at least 3 weeks following the Annual General Meeting of the Association and before the end of June in that year;

45.5The election of Zone Representative shall be conducted by the Electoral Commission in accordance with Rules 21-30 and 33 as if a reference to an Officer was a reference to a Zone Representative;

45.6Nominees for the position of Zone Representative must –

  1. (a)
    Have served on the committee or Board of a Member club or been gainfully employed as a Club Manager, General Manager, Chief Executive Officer of a Member club for three or more of the previous five years; and
  2. (b)
    Not have served more than four two-yearly terms as a Zone Representative of the relevant Zone after the 2017 election of Zone Representatives.

45.7The candidate with the highest number of votes shall be elected.  If two or more candidates for a particular office receive the same number of votes, the Returning Officer must determine which candidate is elected by drawing lots.  This decision must be made in the presence of any scrutineer who wishes to attend.

45.8A meeting of Zone Representatives shall be convened by the Association twice yearly or as otherwise determined by the Board.

  1. By-Laws

The Board may at any time make, amend or repeal by-laws, not inconsistent with these Rules or the Act, for the internal management of the Association and any by-law may be set aside by a general meeting.

  1. Alteration of Rules

47.1Subject to the provisions of the Act, these Rules may be amended, rescinded or added to from time to time by a majority of Members voting at an AGM or Special General Meeting:

  1. (a)
    Provided that the Board may make any changes to the Rules required by amendments to the Act or Regulations.
  1. Notices

48.1If a notice is required to be given under these Rules it must be a written notice.

48.2If a notice is required to be served by the Association or the Chief Executive Officer on a Member, the notice must be:

  1. (a)
    Written; and
  2. (b)
    Sent in one of the following ways:
  1. Delivering it by hand to the Member at its address appearing in the register of Members;
  2. Sending it by post to a Member at its address appearing in the register of Members; or
  3. Sending it by email to the Member at its email address appearing in the register of Members.

48.3If a notice is required to be served by a Member on the Association or Chief Executive Officer, the notice must be:

  1. (a)
    Written;
  2. (b)
    Addressed to the attention of the Chief Executive Officer; and
  3. (c)
    Sent in one of the following ways:
  1. Delivering it by hand to the Association at its registered office;
  2. Sending it by post to the Association at its registered office; or
  3. Sending it by email to the Chief Executive Officer’s email address.

48.4For the purposes of Rules 48.2 and 48.3, the notice will be deemed to be served as follows:

  1. (a)
    By hand, upon delivery to the relevant address.
  2. (b)
    By post, 7 days after it is posted; and
  3. (c)
    By email, at the time of transmission of the email.
  1. Funds and accounts

49.1The funds of the Association must be kept in the name of the Association in a financial institution decided by the Board.

49.2The funds of the Association will be used firstly in attaining the objects of the Association and subject to Rule 34.2(d); the Board will invest the remaining funds in an approved security. 

49.3No Member will benefit either directly or indirectly in the funds of the Association and no fines or forfeitures will be imposed on Members.

49.4All moneys must be deposited as soon as practicable after receipt of them.

49.5The Board will determine the amount of petty cash to be kept on an imprest system.

49.6The income and property of the Association must be used solely in promoting the Association's objects and exercising the Association's powers.

49.7The organisation must have the financial policies specified in the Act, which comply with the requirements prescribed under the Regulations (Financial Policies).

  1. Accounting obligations

50.1The Association’s Accounting Records:

  1. (a)
    Must be prepared in accordance with Australian Accounting Standards;
  2. (b)
    Must be kept for each of its financial years:
  1. On an accrual basis;
  2. On a cash basis; or
  3. On a cash basis for entrance fees and membership contributions and on an accrual basis for all other Accounting Records.

50.2The Association must keep Accounting Records for its transaction for at least 7 years after the end of the transaction they are about.

50.3In Rule 50.1

  1. (a)
    Accrual basis has the meaning given in Australian Accounting Standards.
  2. (b)
    Cash basis has the meaning given in Australian Accounting Standards.

50.4The Association must prepare the accounts and other statements (Accounts) for each Financial Year as soon as practicable after the year ends. The Accounts must:

  1. (a)
    Include the relevant figures from the preceding Financial Year's accounts;
  2. (b)
    Include the accounts prescribed in Schedule 3 of the Regulations; and
  3. (c)
    Contain a certificate in accordance with the Regulations.
  1. Expenditure

51.1The Association shall develop and implement policies and procedures relating to the expenditure of the Association in accordance with the Act.

51.2All amounts of $500 or over must be paid by cheque or electronic funds transfer signed by any two of:

  1. (a)
    The President;
  2. (b)
    Chief Executive Officer;
  3. (c)
    Other Officer authorised by the Board; or
  4. (d)
    By another employee of the Association authorised by the Chief Executive Officer under a power to sub-delegate approved by the Board.

51.3Cheques must be crossed "not negotiable" except those in payment of wages, allowances or petty cash recoupments which may be open.

51.4All expenditure will be approved or ratified at a Board meeting.

51.5The Association must not make a loan, grant or donation of more than $1,000 unless the Board:

  1. (a)
    Approves the payment;
  2. (b)
    Is satisfied that the payment would be made under these Rules;
  3. (c)
    If the payment is a loan:
  1. Is satisfied the security for the loan is sufficient; and
  2. The proposed arrangements to repay the loan are satisfactory.
  1. Financial management training

52.1Officers who perform functions or exercise powers relating to the Associations financial management shall undertake financial training as approved by the Commission. The training must be completed:

  1. (a)
    Within three months after the Officer begins to hold office; and
  2. (b)
    At least once every two-year period that the Officer performs financial management functions.
  1. Officers’ statement of interests

53.1Each Officer must, within 1 month after being elected or appointed to office, file a statement of the particulars of each interest held by the Officer or the Officer's spouse in accordance with the Act and Regulations.

53.2If the Officer becomes aware (including because of a change in the interests of the Officer or the Officer's spouse) of any of the following matters:

  1. (a)
    That the Officer has not filed a statement of the particulars of an interest held by the Officer or the Officer's spouse;
  2. (b)
    That the particulars of an interest held by the Officer or the Officer's spouse included in a statement filed by the Officer are not, or are no longer, correct,

the Officer must file a statement of the particulars of the interest, or the correct particulars of the interest, within 1 month after the Officer becomes aware of the matter.

  1. Disclosure of Officers’ material personal interests

54.1If an Officer has a material personal interest in a matter involving the Associations financial management or procurement activities:

  1. (a)
    The Officer must by written notice disclose the nature of the interest to the Board as soon as practicable after the relevant facts come to the Officer's knowledge (Disclosure Notice).
  2. (b)
    If the matter is to be considered at a general meeting or Board meeting at which the Officer is present, the Officer must not:
  1. Vote on the matter; or
  2. Remain at the meeting when the matter is being considered.

54.2The Association shall maintain a written register of the Disclosure Notices given by Officers for a period of 7 years after the date the Disclosure Notice was given. The register must record:

  1. (a)
    The name of the Officer;
  2. (b)
    The date the Disclosure Notice was given; and
  3. (c)
    A copy of the Disclosure Notice.

54.3The register kept under Rule 54.2 may be inspected for free, during business hours of the Association, by:

  1. (a)
    The Registrar;
  2. (b)
    A member of the Board; and
  3. (c)
    Any other person permitted by law to inspect the register.
  1. Association’s financial registers

55.1The Association must, in accordance with the Act:

  1. (a)
    Keep, update, publish and make available for inspection the following financial registers for each Financial Year:
  1. Register of gifts, hospitality and other benefits given and received;
  2. Register of political spending; and
  3. Register of loans, grants and donations.

55.2In accordance with the Act, the financial registers described above must:

  1. (a)
    Be published on the publicly accessible part of the Associations website;
  2. (b)
    Continue to be published on the website for a period of 2 years after the end of the Financial Year;
  3. (c)
    Keep each register for at least 7 years after the end of the Financial Year to which the register relates; and
  4. (d)
    Be made available for inspection.

55.3If a new matters occurs which requires the amendment of financial register:

  1. (a)
    The Association must immediately amend the register to include the particulars of the new matter; and
  2. (b)
    As soon as practicable, but no later than 5 business days after the amendment in Rule (a) is made, ensure a copy of the register published on the website is replaced with a copy of the register incorporating the change.
  1. Financial disclosure statements

56.1The Association must, in accordance with the Act:

  1. (a)
    Prepare an annual financial disclosure statement for each Financial Year;
  2. (b)
    Prepare a mid-year financial disclosure statement for each Financial Year;
  3. (c)
    Publish the annual and mid-year financial disclosure statements for each Financial Year;
  4. (d)
    Keep each financial disclosure statement prepared by the Association for at least 7 years after the end of the period to which the statement relates; and
  5. (e)
    Make the financial disclosure statements available for inspection.
  1. Documents

The Board must provide for the safe custody of books, documents, instruments of title and securities of the Association.

  1. Execution of Documents

58.1Subject to any contrary provision of the Act, the Chief Executive Officer acting on the delegated authority of the Board will execute all documents for the Association and/or any agreements relating to industrial matters of the Association.

58.2Where required by law, the President or the Vice-President and in their absence another Officer authorised by the Board will execute documents on behalf of the Association.

  1. Dissolution

59.1If at any general meeting a resolution for the dissolution of the Association is passed by a two-thirds majority of the Members State-wide, the Association may be dissolved.

59.2If upon dissolution there are surplus assets, the surplus assets must not be distributed among the Members but must be given to another entity:

  1. (a)
    That has objects similar to the Association's objects; and
  2. (b)
    The rules of which prohibit the distribution of the entity's income and assets to its members.
  1. Indemnification

60.1All Officers and every member of the Association’s committees will be indemnified against all costs, losses and expenses, which they may incur or become liable for due to any contract entered into or deed done by them in the discharge of their duties.

60.2This indemnity does not extend to any Officer for costs, losses, charges and expenses due to liability that has occurred through their own negligence or wilful default.

60.3Members agree not to sue or take legal proceedings of any nature to seek to recover loss or damage to any person whether natural or corporate occurring as a result of any opinions, advice or information provided to any persons by the Association, its servants or agents.

  1. Definitions

61.1Act” means the Industrial Relations Act 1999 (Qld) as amended or re-enacted.

61.2Accounting Records” means financial documents that:

  1. (a)
    Explain the methods and calculations about how its accounts are made up and correctly record and explain the organisation's transactions and financial position; or
  2. (b)
    Are prescribed under the Regulations.

61.3Annual Subscription” means the annual subscription for each Member as determined annually by the Board, based on size of the Member having regard to the numbers of its employees and/or the number of gaming machines

61.4Association” means The Registered and Licensed Clubs Association of Queensland, Union of Employers.

61.5Board” means the whole or any number of the Officers of the Association for the time being assembled at a meeting of the Officers, being not less than a quorum.

61.6Commission” means the Queensland Industrial Relations Commission.

61.7Community Club” means a not-for-profit, membership-based and community-orientated association of people.

61.8Delegate” means the person nominated by each general Member as a delegate to general meetings in accordance with Rule 39.1.

61.9Direct Multiple Voting System” means method of voting specified in Rule 21.4.

61.10 Electoral Commission” means the Electoral Commission of Queensland.

61.11 Financial Member” means a Member who is not in default in payment of any fees or charges properly imposed by the Association and due by the Member to the Association.

61.12 Financial Year” means the period commencing on 1 January in each year and ending on the 31 December in the same year.

61.13 Industrial Registrar” means the person appointed as Registrar under the Act.

61.14 Industry Groups” means each of the 7 club industry groups representing the different types of clubs, as prescribed for in Rule 5.

61.15 Member” means any organisation who has been admitted to membership of the Association, but for the purposes of Rules 21 to 31 and 33 or 45.5, does not include a person who has been admitted as an associate Member.

61.16 Officer” means those candidates elected or appointed to office, as the case may be, under Rules 21 to 31 or 33 and includes the President and Vice-President.

61.17 “Director” means an Officer elected or appointed to office, as the case may be under Rules 21 to 31 and 33 and includes the President and Vice President

61.18 Region” has the following meanings –

  1. (a)
    Northern Region – that part of the State of Queensland comprising Zones Z07 – Whitsunday Zone, Z08 – Northern Zone, Z09 – Far Northern Zone and Z10 – Western Zone;
  2. (b)
    South East Region - that part of the State of Queensland comprising Zones Z01 – Gold Coast Zone, Z02N – Brisbane North Zone, Z02SE – Brisbane South East Zone, Z02W – Brisbane West Zone and Z03 – Sunshine Coast Zone; and
  3. (c)
    Central and Western Region – that part of the State of Queensland comprising Zones Z04 – Darling Downs and South West Queensland Zone, Z05 – Wide Bay Zone and Z06 – Capricorn Zone.

61.19 Regulations” means the Industrial Relations Regulation 2011 (Qld) as amended or re-enacted.

61.20 “Representative” means the person nominated by each associate Member as a representative to general meetings in accordance with Rule 39.1.

61.21 Returning Officer” means the electoral office conducting the election.

61.22 Rules” means these Rules being the rules of The Registered and Licensed Clubs Association of Queensland, Union of Employers, as amended from time to time.

61.23 Special Skills” means the mix of skills determined by the Board from time to time as necessary to ensure the Board operates optimally from the perspective of professionalism, commercial knowledgeability & astuteness, the management of risk, application of appropriate principals of corporate governance and understanding of the Club industry and Club businesses.

61.24 Zone” means a part of the State as determined by the Board.

61.25“Zone Representative” is a person elected as a principal point of liaison and representation between Members in that Zone and the Board, in accordance with Rule 45.5

Close

Editorial Notes

  • Published Case Name:

    The Registered and Licensed Clubs Association of Queensland, Union of Employers

  • Shortened Case Name:

    The Registered and Licensed Clubs Association of Queensland, Union of Employers

  • MNC:

    [2016] QIRC 115

  • Court:

    QIRC

  • Judge(s):

    Knight IC

  • Date:

    27 Oct 2016

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

Require Technical Assistance?

Message sent!

Thanks for reaching out! Someone from our team will get back to you soon.

Message not sent!

Something went wrong. Please try again.