STATEMENT OF PURPOSES
1. NAME
2. INTERPRETATIONS
3. ALTERATION OF THE RULES
B
- MEMBERSHIP AND MEMBERS RIGHTS
4. APPLICATION FOR MEMBERSHIP
5. REGISTER OF MEMBERS
6. MEMBERSHIP CATEGORIES
7. PRIVILEGES OF MEMBERSHIP
8. CEASING MEMBERSHIP
9. DISCIPLINE, SUSPENSION & EXPULSION OF MEMBERS
10. DISPUTES AND MEDIATION
C
- MEETINGS OF MEMBERS
11. ANNUAL GENERAL MEETING
12. SPECIAL GENERAL MEETING
13. GENERAL MEETING
14. NOTICE
15. QUORUM
16. CHAIRPERSON
17. ADJOURNMENT
18. VOTING
19. DETERMINATION OF RESOLUTION
D
- COMMITTEE OF MANAGEMENT
20. COMMITTEE OF MANAGEMENT
21. OFFICE BEARERS
22. ORDINARY MEMBERS OF THE COMMITTEE
23. ELECTION OF COMMITTEE OF MANAGEMENT
24. VACANCIES
25. VOTING AT COMMITTEE MEETINGS
26. MEETINGS OF THE COMMITTEE
27. QUORUM AT COMMITTEE MEETINGS
28. NOTICE OF COMMITTEE MEETINGS
29. PRESIDING AT COMMITTEE MEETINGS
30. REMOVAL OF A COMMITTEE MEMBER
E
- GENERAL
31. MINUTES
32. FUNDS
33. AUDITOR
34. COMMON SEAL OF THE CLUB
35. NOTICE TO MEMBERS
36. WINDING UP
37. CUSTODY AND INSPECTION OF BOOKS AND RECORDS
38. PROPERTY
39. MAKING AND CHANGING BYLAWS
F
- BYLAWS
40. SUBSCRIPTIONS AND FEES
41. SPECIAL MEMBERSHIP
42. OPERATING MANUAL
43. TRAINING
44. PROBLEM DOGS
45. CRUELTY TO A DOG
46. CODE OF CONDUCT
47. PATRON OF THE CLUB
The above contents section is
for information only. It is not part of the Rules of the Ballaarat
Dog Obedience Club Inc.
(effective September 2006)
STATEMENT OF PURPOSES.
The objectives of the BALLAARAT DOG OBEDIENCE
CLUB INCORPORATED are as follows -
a) To educate and encourage members in the
proper care, control and obedience of their dogs and to help
promote a more responsible dog owning community.
b) To affiliate with the Victorian Canine Association.
c) To promote and encourage the Obedience Training of dogs.
d) To promote and raise the standards of exhibition of dogs.
e) To promote the holding of Exhibitions under the Victorian
Canine Association rules and regulations and to conduct exhibitions
and Trials.
f) To foster, promote and protect the interests of exhibitors
of dogs at Exhibitions and Trials.
g) To collect and publish information relating to dogs and
the Exhibition and training of dogs.
h) To educate and encourage members to abide by the rules
of the Victorian Canine Association for the conduct of Exhibitions
and Trials.
i) To promote good fellowship and sportsmanship amongst members
and those participating in or attending at Exhibitions or
Trials.
j) To inform members of the Laws and Regulations of the State
relating to the ownership and care of dogs and the responsibility
of owners for the conduct and actions of their dogs.
k) To hold functions and lectures relating to dogs and to
the purposes of the Club generally;
l) To provide awards and donate prizes for dog related competitions.
m) To foster relations with other clubs and bodies having
similar aims.
n) To promote and assist worthy causes as agreed at a General
Meeting of members of the Club.
o) To carry on such other activities or promote or encourage
interest in the general well being and improvement of dogs
and to do all such things as may be necessary or conducive
to carrying out the objectives of the Club.
top of Purposes
back to contents
Section A.
- INTRODUCTION
1. NAME
The name of the incorporated association is BALLAARAT DOG OBEDIENCE
CLUB INCORPORATED. (In these rules called "The Club")
2. INTERPRETATIONS.
In these rules, unless
the contrary intention appears-
"Act" means the Associations Incorporation
Act 1981 and any additional amendments thereto and, unless inconsistent
with the context or subject matter includes the Associations
Incorporation Regulations 1983 and any amendment thereto.
"Bylaws" means
the Bylaws of the club in force for the time being.
"Clause" means
a provision of the Rules and where the context so admits includes
a paragraph or sub-paragraph thereof
"Club" for
the purposes of these Rules has the same meaning as is ascribed
to the word Association by section 3 (1) of the Associations
Incorporation Act 1981.
"Committee"
means the Committee of Management of the Club
"Exhibition"
includes a canine demonstration, trial or competition.
"Financial Member" means a member of the Club
who shall not be in default in the payment of fees or other
monies payable by that person in accordance with the Rules.
"Meeting of Members"
means Annual General Meeting, Special General Meeting
and General Meeting
"Member" means
a person who has been admitted to any category of membership.
"Regulations"
means the Association Incorporation Regulations 1983.
"Rules" means
the Rules for the time being of the Club and includes its Bylaws.
"VCA" means
the Victorian Canine Association, Inc.
"Writing"
means any recognised means of communicating words in visible
form.
3. ALTERATION OF THE RULES
These Rules and the Statement
of Purposes of the Club must not be altered except in accordance
with the Act.
top of Introduction
back to contents
Section B.
MEMBERSHIP AND MEMBERS' RIGHTS
4. APPLICATION FOR MEMBERSHIP.
4.1 A person who applies and is approved
for membership as provided in these Rules is eligible to be
a member of the Club on payment of the joining fee and annual
subscription payable under these Rules.
4.2 A person who is not a member of the Club
at the time of the Incorporation of the Association (or who
was a member at that time but has ceased to be a member) must
not be admitted to membership unless
a) he or she applies for membership in accordance
with rule 4.3, and
b) the admission as a member is approved by the committee.
4.3 An application of a person for membership
of the Club must -
a) be made in writing on the form set by
the Committee of the Club
b) be lodged with the Secretary of the Club.
4.4 As soon as practicable after the receipt
of an application, the Secretary must refer the application
to the Committee.
4.5 The Committee must determine whether
to approve or reject the application.
4.6 The Secretary must, within 28 days after
receipt of the joining fee and annual subscription enter the
approved applicant's name in the register of members.
4.7 An applicant for membership
(a) pending approval by the Committee, is
entitled to participate in any training discipline they are
qualified for, once joining and subscription fees have been
paid, and
(b) becomes entitled to all privileges of that category of
membership once their name is entered in the register of members.
4.8 If the Committee rejects an application,
the Committee must, as soon as practicable, notify the applicant
in writing that the application has been rejected, outlining
the reason for this rejection.
4.9 A right, privilege, or obligation of
a person by reason of membership of the Club -
a) is not capable of being transferred or
transmitted to another person; and
b) terminates upon the cessation of membership.
4.10 A member may, before the thirty first
day of July each year, make payment of their annual subscription.
Upon such payment the member shall be deemed to have been
readmitted as a member.
4.11 The joining fee and annual subscription
is the amount set out in By-Law No 1.
5. REGISTER OF MEMBERS
5.1 The Secretary must keep and maintain
a register of members containing
a) the name and address of each member; and
b) the date on which each member's name was entered in the
register.
5.2 Confidentiality of the register of members
must be maintained.
6. MEMBERSHIP CATEGORIES
Membership categories of the Club consist
of -
a) Single : Any single adult
person
b) Dual :
(i) any two persons resident at the same
address, or
(ii) any two adult persons who are partners in the conduct
of a kennel having a kennel prefix in their joint names registered
with the VCA.
c) Family : any adult person
or two adult persons, whether married or in a 'de facto' relationship,
and any children under eighteen years of age under their care,
all of whom reside at the same address.
d) Junior : a person over the age of nine
years and under the age of eighteen years.
e) Special : a person who has been admitted
as a member under the Bylaws.
7. PRIVILEGES OF MEMBERSHIP
7.1 Subject to the restrictions and limitations
prescribed by and in accordance with the Associations Incorporation
Act, the Rules and Regulations of the VCA and the Rules and
Bylaws of the Club, the privileges of a member shall be:
a) upon application and payment of the prescribed
fee, if any, to the Treasurer the person is entitled to receive
a copy of the Rules and Bylaws of the Club.
b) to attend and vote at all General Meetings of the Club
subject to the person being a financial member of the Club
for at least the previous three months.
c) to submit as a candidate for any Office Bearers position
of the Club and/or Committee position
d) to receive any publication issued by the Club, upon the
payment of the prescribed fee, if any.
e) to compete for prizes, including trophies, available for
members of the Club when competing at any exhibition conducted
by the Club.
f) to participate in any training disciplines organised by
the club (if they are nine or more years of age).
7.2 A member under the age of eighteen years
cannot vote at Meetings of Members or become a member of the
Committee, but is entitled to exercise all other privileges
of membership.
8. CEASING MEMBERSHIP
8.1 A member shall cease to be a member of
the Club:
a) if their annual subscription has not been
paid in accordance with Rule 4.10;
b) if they resign by notice in writing addressed to the Secretary;
c) if they shall die;
d) if pursuant to the Rules they are expelled from the Club;
e) if, they are disqualified or suspended as a member of the
VCA, for any period for which they are disqualified or suspended.
8.2 Should any person cease to be a member
of the Club for any reason whatsoever, they shall not be entitled
to the return of their membership fee or any part thereof.
8.3 Upon the receipt of a notice given under
rule 8.1(b), the Secretary shall make in the register of members
an entry recording the date on which the member resigned.
9. DISCIPLINE, SUSPENSION AND EXPULSION OF MEMBERS
-
9.1 Subject to these Rules, if the committee
is of the opinion that a member has refused or neglected to
comply with these Rules, or has been guilty, of conduct unbecoming
a member or prejudicial to the interests of the Club, the
committee may by resolution
a) fine that member an amount not exceeding
$500.00, or
b) suspend that member from membership of the Club for a specified
period, or
c) expel that member from the Club.
9.2 A resolution of the committee under rule
9.1 does not take effect unless
a) at a meeting held in accordance with rule
9.3 the committee confirms the resolution; and
b) if the member exercises a right of appeal to the Club under
this rule, the Club confirms the resolution in accordance
with this rule.
9.3 A meeting of the committee to confirm
or revoke a resolution passed under rule 9.1 must be held
not earlier than 14 days, and not later than 28 days, after
notice has been given to the member in accordance with rule
9.4
9.4 For the purposes of giving notice in
accordance with rule 9.3, the Secretary must, as soon as practicable
cause to be given to the member a written notice -
a) setting out the resolution of the committee
and the grounds on which it is based; and
b) stating that the member, or their representative, may address
the Committee, at a meeting to be held not earlier than 14
days and not later than 28 days after the notice has been
given to that member; and
c) stating the date, place and time of that meeting; and
d) informing the member that they may do one or both of the
following -
i. attend the meeting;
ii. give to the committee before the date of that meeting
a written statement seeking the revocation of the resolution;
e) informing the member that if, at that
meeting, the committee confirms the resolution, they may,
not later than 48 hours after that meeting, give the Secretary
a notice to the effect that he or she wishes to appeal to
the Club in a Special General Meeting against the resolution.
9.5 At a meeting of the Committee to confirm
or revoke a resolution passed under rule 9.1 the Committee
must
a) give the member, or their representative,
an opportunity to be heard; and
b) give due consideration to any written statement submitted
by the member and
c) determine by resolution whether to confirm or to revoke
the resolution.
9.6 If the Secretary receives a notice under
rule 9.4 e) the Secretary must notify the Committee and the
Committee must convene a Special General Meeting of the Club
to be held within 21 days after the date on which the Secretary
received the notice.
9.7 At a Special General Meeting of the Club
convened under rule 9.6 -
a) no business other than the question of
the appeal may be conducted; and
b) the Committee may place before the meeting details of the
grounds for the resolution and the reasons for the passing
of the resolution; and
c) the member, or their representative, must be given an opportunity
to be heard; and the members present must vote by secret ballot
on the question whether the resolution should be confirmed
or revoked.
d) a resolution is confirmed if not less than two-thirds of
the members present vote in favour of the resolution. In any
other case, the resolution is revoked.
10. DISPUTES AND MEDIATION
10.1 This Mediation Procedure applies to
disputes under these Rules between -
a) two or more members, relating to Club
activities; or
b) a member and the Club.
10.2 The parties to the dispute must meet
and discuss the matter and in good faith attempt to resolve
the dispute within 14 days after the dispute comes to the
attention of all of the parties.
10.3 If the parties are unable to resolve
the dispute at the meeting, or if a party fails to attend
that meeting, then the parties must, within 10 days, hold
a meeting in the presence of a mediator.
10.4 The mediator must be -
a) a person chosen by agreement between the
parties; or
b) in the absence of agreement
(i) in the case of a dispute between members, a person appointed
by the committee of the Club; or
(ii) in the case of a dispute between a member and the Club,
a person who is a mediator appointed or employed by the Dispute
Settlement Centre of Victoria (Department of Justice).
10.5 The mediator cannot be a member who
is a party to the dispute or has a conflict of interest.
10.6 The mediator, in conducting the mediation,
must -
a) give the parties to the mediation process
every opportunity to be heard; and
b) allow due consideration by all parties of any written statement
submitted by any party; and
c) ensure that natural justice is accorded to the parties
to the dispute throughout the mediation process.
10.7 The mediator must not determine the
dispute.
10.8 If the mediation process does not result
in the dispute being resolved, the parties may seek to resolve
the dispute in accordance with the Act otherwise at law.
top of Membership
back to contents
Section C.
MEETINGS OF MEMBERS
11. ANNUAL GENERAL MEETING
11.1 The Club shall in each calendar year
convene an Annual General Meeting of its members.
11.2 The Committee may determine the date,
time and place of the Annual General Meeting, which must be
held within fifteen months of the previous Annual General
Meeting.
11.3 The ordinary business of the Annual
General Meeting shall be to:
a) confirm the minutes of the previous Annual
General Meeting and any Special General Meetings held since
that meeting;
b) receive from the committee reports upon the transactions
of the Club during the last preceding financial year; and
c) elect:
i. an auditor
ii. office-bearers of the Club
iii. ordinary members of the Committee
11.4 The Annual General Meeting shall conduct
any special business of which notice has been given in accordance
with these Rules.
12. SPECIAL GENERAL MEETING
12.1 Convened by the Committee.
a) The Committee may, when the need arises,
convene a Special General Meeting of the Club.
b) Only that business set out in the notice convening the
meeting shall be considered.
12.2 Convened by Request of Members.
a) The committee must, on request in writing
of members representing not less than fifteen per cent of
the total number of members convene a Special General Meeting
of the club. The members requesting such meeting must have
been financial members of the club for not less than the last
three months.
b) The request for a Special General Meeting must
i. state the objects of the meeting,
ii. be signed by the members requesting the meeting,
iii. be addressed to the Secretary.
c) If the Committee does not cause a Special
General Meeting to be held within thirty days after the date
on which the request is sent to the Secretary, the members
making the request, or any of them, may convene a Special
General Meeting to be held not later than three months after
that date.
d) A Special General Meeting convened by members in pursuance
of these rules shall be convened in the same manner as nearly
as possible as that in which those meetings are convened by
the Committee and all reasonable expenses incurred in convening
the Special General Meeting shall be refunded by the Club
to the persons incurring the expenses.
13. GENERAL MEETINGS
13.1 A General Meeting shall be convened
on the last Monday of every odd month (or the following Monday
to avoid a public holiday).
13.2 The business of a General Meeting is
to:
a) confirm the minutes of the previous General
Meeting
b) enable members to receive and resolve any matters arising
from:
i) reports from the committee about club
activities
ii) correspondence relevant to members,
iii) items raised by members relating to club activities
c) enable presentations to members by invited
guests.
14. NOTICE
14.1 The notice of a meeting stating or including:
a) the place, date and time of the meeting,
or
b) form of nomination, or
c) business to be conducted
shall be deemed to have been given to each
member if it is published in or enclosed with the Club newsletter
or journal or such other publication as the Club may circulate
to its members, provided that such publication is circulated
in its usual manner in the specified time.
14.2 The notice convening the Annual General
Meeting shall
a) be given to each member not less than
thirty days before the date of the meeting.
b) specify that the meeting is an Annual General Meeting
c) where applicable, include or have attached the form of
nomination
d) be published in
i. the club newsletter or journal, and
ii. the club noticeboard, and
iii. the Public Notices section of a newspaper circulating
widely in the Ballarat area.
notwithstanding that the accidental omission
to give notice under this rule shall not invalidate an Annual
General Meeting.
14.3 The notice convening a Special General
Meeting shall
a) be given to each member not less than
twenty one days before the date of the meeting, and
b) specify the business which is to be conducted at the Special
General Meeting
14.4 The notice convening a General Meeting
shall be given to each member not less than fourteen days
before the date of the meeting.
15. QUORUM
15.1 No item of business may be conducted
unless a quorum of members entitled under these Rules to vote
is present at the time when the meeting is considering that
item.
15.2 Ten members personally present (being
members entitled under these Rules to vote) constitute a quorum.
15.3 If, within half an hour after the appointed
time for the commencement of a meeting, a quorum is not present
the meeting shall stand adjourned to the same day in the next
week at the same time.
15.4 If at the adjourned meeting a quorum
is not present within half an hour after the time appointed
for the commencement of the meeting,
a) in the case of an Annual General Meeting,
the members personally present (being not less than three)
shall be a quorum
b) in any other case - the meeting shall lapse.
16. CHAIRPERSON.
At each meeting
a) The President, or in the President's absence,
the Vice-President, shall preside as Chairperson, or
b) If the President and the Vice-President are absent from
the meeting, or are unable to preside, the members present
must select one of their number to preside as Chairperson.
17. ADJOURNMENT.
17.1 The person presiding may, with the consent
of a majority of members present at the meeting, adjourn the
meeting to another time and/or place.
17.2 No business may be conducted at a reconvened
meeting other than unfinished business from the adjourned
meeting.
17.3 If a meeting is adjourned, notice of
the reconvened meeting must be placed on the club noticeboard.
18. VOTING.
18.1 Upon any question arising at a meeting,
a member has one vote only.
18.2 All votes must be given personally.
18.3 In the case of an equality of voting
on a question, the Chairperson of the meeting is entitled
to exercise a second or casting vote.
18.4 Voting shall be by:
a) a show of hands, or
b) an actual division, if demanded by two or more members,
or
c) a poll, if demanded by three or more members, and
i) the poll must be taken at that meeting
in such manner as the Chairperson may direct.
ii) the result of the poll shall determine that question.
unless the resolution relates to the filling
of a vacancy on the Committee or the expulsion of a member
in which case a ballot shall be taken as per the relevant
Rule.
18.5 A poll that is demanded -
a) on the election of a Chairperson or on
a question of an adjournment must be taken immediately
b) on any other question, must be taken at such time before
the close of the meeting as the Chairperson may direct.
18.6 To be eligible to vote, a member must
have been a financial member for not less than three months
immediately prior to the meeting.
19. DETERMINATION OF RESOLUTION.
If a question arising at a meeting is determined
on a show of hands and the Chairperson declares that the resolution
has been carried or lost, then an entry to that effect in
the minute book of the club is evidence of the determination.
top of Meetings
back to contents
Section D. COMMITTEE
OF MANAGEMENT
20. COMMITTEE OF MANAGEMENT.
20.1 The affairs of the club shall be managed
by the Committee of Management.
20.2 The Committee of Management -
a) shall control and manage the business
and affairs of the Club; and
b) may, subject to these Rules, the Act and the Regulations,
as well as the Rules and Regulations of the VCA, exercise
all such powers and functions as may be exercised by the Club
other than those powers and functions that are required by
the Rules to be exercised by Meetings of Members of the Club;
and
c) subject to these Rules, the Act and the Regulations, has
power to perform alI such acts and things as appear to the
Committee to be essential for the proper management of the
business and affairs of the Club.
20.3 The Committee of Management shall consist
of -
a) the Officer Bearers, and
b) the ordinary Committee members
each of whom shall be elected subject to
these Rules and hold office until the conclusion of the next
Annual General Meeting of the Club.
21. OFFICE BEARERS.
21.1 The officers representing the Club as
Office Bearers shall be -
a) a President;
b) a Vice-President:
c) a Treasurer
d) a Secretary; (who shall also be the Public Officer.)
21.2 The Office Bearers of the club must
be members of the Victorian Canine Association, Inc.
21.3 A member may not hold the same Office
Bearer position for more than four consecutive years.
21.4 Married couples, partners, persons in
defacto relationships or any two immediate members of a family
may not concurrently hold Office Bearer positions.
22. ORDINARY MEMBERS OF THE COMMITTEE.
The ordinary committee shall consist of:
a) Assistant Treasurer
b) Assistant Secretary/Assistant Trial Secretary
c) Trial Secretary
d) Training Co-ordinator
e) Six ordinary members
23. ELECTION OF COMMITTEE OF MANAGEMENT.
23.1 To be eligible for nomination to the
Committee, a member must have been a financial member for
at least three months prior to the meeting, and if nominating
for an Officebearer position, must also be a member of the
VCA.
23.2 Nominations of candidates for election
to the Committee must be -
a) made in writing, signed by two members
of the Club and accompanied by the written consent of the
candidate; and
b) delivered to the Secretary of the Club not less than 14
days before the date fixed for the holding of the Annual General
Meeting.
c) Posted on the club noticeboard when received by the Secretary
23.3 A candidate may only be elected to one
position on the Committee of Management.
23.4 If insufficient nominations are received
to fill all vacancies on the Committee, the candidates nominated
shall be deemed to be elected and further nominations for
the vacant positions shall be received at the Annual General
Meeting.
23.5 If the number of nominations received
is equal to the number of vacancies to be filled, the persons
nominated shall be deemed to be elected.
23.6 If the number of nominations exceeds
the number of vacancies to be filled, a ballot must be held
during the Annual General Meeting.
24. VACANCIES.
24.1 The office of a Committee member becomes
vacant if they:
a) resign from office by notice in writing
given to the Secretary, or
b) cease to be a member of the Club, or
c) are absent from three consecutive Committee meetings without
giving just cause
d) are disqualified or suspended by the VCA whilst the Club
remains an affiliate of the VCA, or
e) become an insolvent under administration within the meaning
of the Corporation Law.
24.2 In the event of a casual vacancy the
Committee shall hold an election at the next General Meeting
for which notice will be given that a ballot will be held.
25. VOTING AT COMMITTEE MEETINGS.
25.1 Questions arising at a meeting of the
Committee, or any Subcommittee, shall be determined on a show
of hands or, if two or more members request, by a poll taken
in such manner as the meeting may determine.
25.2 Each member present at a meeting of
the Committee, or any subcommittee (including the person presiding
at the meeting), is entitled to one vote.
25.3 In the event of an equality of votes
on any question, the person presiding may exercise a casting
vote.
25.4 A member of the Committee shall not
vote in respect of any business with the Club in which they
have a pecuniary interest.
26. MEETINGS OF THE COMMITTEE.
26.1 The Committee must meet every alternate
month in each year in the clubrooms and at such times as the
committee may determine.
26.2 Special meetings of the Committee may
be convened by the President or by any 4 members of the Committee.
26.3 The minutes of such meetings as recorded
in the minute book and signed by the Chairman of a confirmatory
meeting at that confirmatory meeting shall be accepted as
sufficient evidence of the proceedings of such meeting.
26.4 Any defects subsequently discovered
in the appointment of a member of the Committee or subcommittee
therof shall not in itself invalidate any actions of such
Committee or subcommittee.
26.5 The general members have the right to
vote in favour or against any Committee decision.
26.6 Club members may attend Committee meetings
as observers.
26.7 Observers at a Committee meeting shall
not:
a) address the meeting, unless invited by
the Committee,
b) enter into debate or disrupt the meeting in any way,
and any observer failing to comply must leave
the meeting when instructed by the Chairman.
26.8 The Committee may resolve that an item
should be discussed "in committee", whereupon
a) all observers must remove themselves from
the meeting until that item of business has been dealt with,
b) Committee members must not divulge such discussion to other
persons.
26.9 A member of the Committee shall not
remain in a meeting during discussion of any business with
the Club in which they have a pecuniary interest unless invited
by the Committee to address the meeting.
27. QUORUM FOR COMMITTEE MEETING
27.1 The quorum for a Committee meeting shall
be not less than one half of the Committee members plus one.
27.2 No business may be conducted unless
a quorum is present.
27.3 If within half an hour after the time
appointed for a Committee meeting a quorum is not present
-
a) in the case of a special meeting - the
meeting lapses
b) in any other case - the meeting shall stand adjourned to
the same place and the same time and day in the following
week.
27.4 The Committee may act notwithstanding
any vacancy on the committee.
28. NOTICE OF COMMITTEE MEETINGS.
28.1 Notice of each Committee meeting must
be given to each member of the Committee at least two business
days prior to the date of the meeting.
28.2 Twenty four hours notice must be given
to all members of the Committee of any Special meeting specifying
the general nature of the business to be conducted and no
other business may be conducted at such a meeting.
29. PRESIDING AT COMMITTEE MEETINGS.
At meetings of the Committee
a) the President or, in the President's absence,
the Vice-President presides, or
b) if the President and the Vice-President are absent, or
unable to preside, the members present must choose one of
their number to preside.
30. REMOVAL OF COMMITTEE MEMBER
30.1 The Club in Special General Meeting
may, by resolution, remove any member of the Committee before
the expiration of the member's term of office and appoint
another member in their place.
30.2 A member who is the subject of a proposed
resolution referred to in rule 30.1
a) must be given notice at least fourteen
days prior to the meeting
b) may make representations in writing to the Secretary or
President of the Club at least seven days before the meeting,
and,
c) may request that the representations be provided to the
members of the Club.
30.3 The Secretary or the President may give
a copy of the representations to each member of the Club or,
if they are not so given, the member may require that they
be read out at the meeting.
top of Committee of Management
back to contents
Section E. GENERAL
31. MINUTES
The Secretary shall keep and maintain minutes
of all proceedings of meetings of the Committee and Meetings
of Members of the Club, together with a record of the names
of persons present at such meetings.
32. FUNDS
32.1 The Treasurer of the Club shall -
a) bank the moneys received by the Club and
make payments authorised by the Club
b) keep accounts and books showing the financial affairs of
the Club with full details of all receipts and expenditure.
32.2 The Committee shall cause a banking
account to be opened with a recognised bank, building society
or credit union and this account shall be in the name of the
Ballaarat Dog Obedience Club, Inc.
32.3 All cheques and other negotiable instruments
must be signed by two registered signatories.
32.4 The registered signatories for all accounts
shall be the President, Secretary and Treasurer.
33. AUDITOR.
33.1 The Auditor shall be a qualified accountant.
33.2 A casual vacancy occurring in the position
of Auditor shall be filled by a person appointed by the Committee.
33.3 A person shall not be appointed or act
as Auditor of the Club if they are a member of the Committee
or an employee of the Club.
34. COMMON SEAL OF THE CLUB.
34.1 The common seal of the Club must be
kept in the custody of the Secretary.
34.2 The common seal must not be affixed
to any instrument except by authority of the Committee and
the affixing of the common seal must be attested to by two
of the registered signatories.
35. NOTICE TO MEMBERS.
Except for the requirement in rule 14, any
notice that is required to be given to a member on behalf
of the Club under these Rules may be given by -
a) delivering the notice to the member personally;
or
b) sending it by prepaid post, addressed to the member at
the member's address shown in the register of members; or
c) facsimile or other electronic transmission, if the member
has advised that notice may be given to them in this manner,
36. WINDING UP.
In the event of the winding up or the cancellation
of the incorporation of the Club,
a) the assets of the Club must be disposed
of in accordance with the provision of the Act and,
b) at a meeting specially convened for this purpose the members
may direct by resolution, passed by a majority of financial
members personally present, that surplus funds be donated
to an approved charity or canine organisation.
37. CUSTODY AND INSPECTION OF BOOKS AND RECORDS.
37.1 Except as otherwise provided in these
Rules, all books, documents and securities of the Club must
keep in the custody or under the control of the Secretary.
37.2 Upon application to the Committee, accounts,
books, securities and any other relevant documents of the
Club may be made available for inspection free of charge to
any member.
37.3 The Committee may resolve that specific
documents not be made available because they are commercially
confidential or infinge on the privacy of a member.
38. PROPERTY.
38.1 The property, assets and income of the
Club shall be applied towards the promotion of the Statement
of Purposes of the Club.
38.2 No portion of the property, assets or
income of the Club shall be paid or transferred either directly
or indirectly to any member, provided that nothing shall prevent
the payment in good faith to a member for
a) remuneration for any contracted service
actually rendered,
b) reimbursement for authorised expenses incurred, or
c) interest on money borrowed from any member of the Club.
39. MAKING AND CHANGING BYLAWS
Subject to the Act, the VCA Rules and Regulations
and the Rules of the Club, members in a Special Meeting by
resolution passed by a majority of not less than seventy five
per centum of the members present, eligible to vote and voting
in person may make or amend Bylaws as they deem fit in respect
of any matter the members consider essential to the conduct
of the Club's administration.
top of General
back to contents
Section F. BYLAWS
40. BYLAW 1 -SUBSCRIPTIONS AND FEES
40.1. SUBSCRIPTIONS & JOINING FEES
(a)
|
ANNUAL
|
JOINING
|
NEW MEMBERS SUBSCRIPTIONS
($) (joining date) |
| CATEGORY |
SUBSCRIPTION ($) |
FEE ($) |
JUL-SEP |
OCT-DEC |
JAN-MAR |
APR-JUN |
| SINGLE |
15.00 |
15.00 |
15.00 |
12.00 |
8.00 |
19.00 |
| DUAL |
20.00 |
15.00 |
20.00 |
15.00 |
10.00 |
25.00 |
| FAMILY |
25.00 |
15.00 |
25.00 |
19.00 |
13.00 |
32.00 |
| JUNIOR |
10.00 |
12.00 |
10.00 |
8.00 |
5.00 |
13.00 |
Annual subscriptions and new members subscriptions shall
expire on June 30th of each year, excepting that for new
members joining in the April - June quarter the subscription
shall not expire until June 30th of the following year.
(b) Pensioner Concession - $5.00 reduction in annual subscription.
(c) The Committee may authorise a promotional voucher for
issue by the Ballarat RSPCA animal shelter which reduces
the joining fee.
(d) An instructor who has satisfied conditions defined by
the Committee in the Operating Manual shall pay no annual
membership fees.
40.2 TRAINING FEES
(a) The training fees for each discipline
shall be as determined by the Committee from time to time.
(b) Training fees are not due from:
i) New members attending their first day
ii) Puppy pre-school graduates at their first day on the
training ground
iii) Club Instructors and Trainee Instructors
iv) Committee members
40.3 COPY OF THE RULES AND BYLAWS
a) Upon being accepted as a member, each
membership is entitled to one copy free of charge.
b) All subsequent copies, $5.00
41. BYLAW 2 - SPECIAL MEMBERSHIP
Individuals may be admitted to the special
membership category as the following members:
41.1 LIFE MEMBER
(a) Qualification
(i) must be a financial member at the time
of nomination, and
(ii) have been a financial member of the club for fifteen
consecutive years, and
(iii) have made outstanding contributions to the club, and
(iv) have received an Outstanding Service Award from the
Club
(b) Election
By resolution passed by a majority vote of the entire Committee,
present or not
(c) Membership Duration
For the life of the member
(d) Rights & Restrictions
(i) The Life Member shall be subject to
the rights, privileges and disci[plines of a financial member,
but shall pay no annual subscriptions or training fees for
the duration of their life.
(ii) No more than two persons may be appointed Life Members
of the Club in any one financial year
(iii) Life memberships can only be granted to individuals.
42. BYLAW 3 - OPERATING MANUAL
42.1 Subject to the Act, the VCA Rules and
Regulations, the Rules of the Club and Local Government ByLaws,
the Committee shall create, maintain and approve an operating
manual containing procedures or documents for:
a) Control of Operating Manual Documents
b) Standing Orders for Meetings
c) Aggressive behaviour of Dogs at Club training sessions
d) Aggressive behaviour of dogs at VCA endorsed Exhibitions
conducted by the Club
e) Cruelty to a Dog
f) Guidelines for Ground and Clubroom Use
g) Alteration to Training Time/Day
h) Introduction of New Training Disciplines
i) Task Descriptions
j) Training Manuals
and any other matter the Committee considers
essential to the conduct of the Club's administration.
42.2 Before approval by the Committee:
a) The procedure or document shall be displayed
in the clubrooms for at least one month,
b) At least seven days notice shall be given in the club newsletter
of intention to approve a procedure or document.
c) The Committee shall consider any submissions from members.
43. BYLAW 4 - TRAINING
43.1 TRAINING DISCIPLINES
Training sessions shall be conducted in those disciplines
approved by the committee.
43.2 COORDINATORS
(a) Each training discipline shall be supervised
by a Coordinator and an Assistant Coordinator, who shall be
elected:
(i) at an instructors meeting held no later
than one month after each Annual General Meeting of the
Club, or one month after a casual vacancy has arisen
(ii) by the qualified instructors of that discipline
(iii) by a secret ballot using the "first past the post"
method of election conducted by an independent returning
officer appointed by the President.
(b) The election of each discipline Coordinator
shall be submitted to the Committee for approval.
(c) The meeting to elect the coordinator shall be chaired
by the President, or if unavailable, a member of the Committee
nominated by the President.
(d) The Committee shall appoint a Caretaker Coordinator for
a newly introduced training discipline.
43.3 APPOINTMENT OF INSTRUCTORS
The Coordinator shall approve the appointment of Instructors
after they have satisfactorily completed an Instructor's Training
Programme.
43.4 TRAINING SESSIONS
Training sessions shall be conducted at such time and place
as the Committee may decide.
43.5 INSTRUCTOR MEETINGS
(a) There shall be a meeting of instructors
for each discipline at least six times per year
(b) The quorum for an instructors' meeting shall be seven,
or one half of the qualified instructors for that discipline,
whichever is the lesser
(c) At least seven days notice shall be given of an instructors
meeting
(d) The Coordinator, (or if absent, the Assistant Coordinator)
shall convene and chair meetings of Instructors
(e) The Assistant Coordinator (or if unavailable, a person
nominated by the Chair) shall take minutes of instructor meetings
and forward a copy of such minutes to the Secretary of the
Club.
43.6 TRAINING MANUAL
a) Each discipline shall have a training
manual for instructors.
b) Changes to the training manual must be approved by a meeting
of instructors before submission to the Committee.
c) The Discipline Coordinator shall ensure that Instructors
have a current copy of the training manual.
44. BYLAW 5 - PROBLEM DOGS
44.1 Where there is a problem with a dog
biting or exhibiting undue aggression while at training, the
Coordinator must refer the situation to the Problem Dog Panel.
44.2 The Problem Dog Panel shall follow the
documented procedures in dealing with the problem and may
direct the member to take specific corrective or preventive
actions.
44.3 The member shall cooperate with and
abide by the requirements of the Problem Dog Panel.
44.4 After an unprovoked attack resulting
in injury to another person or dog, the offending dog must
be muzzled at all times while in attendance at any Club function.
The Problem Dog Panel may withdraw this requirement after
corrective action has been taken and it has been proven that
muzzling is unneccessary.
44.5 The Committee, upon recommendation by
the Problem Dog Panel, may resolve to suspend the dog from
training, and/or the member from membership of the Club.
44.6 The Problem Dog Panel, consisting of
four experienced instructors, or other appropriately qualified
persons, shall be appointed by the Committee no later than
the second Committee meeting after the Annual General Meeting.
44.7 Where a dog exhibits aggressive behaviour
at a VCA endorsed Exhibition conducted by the Club, the relevant
VCA regulations shall be followed.
45. BYLAW 6 - CRUELTY TO A DOG
A member shall not deliberately perform a
cruel act upon a dog.
46. BYLAW 7 - CODE OF CONDUCT
46.1. Committee members shall not make improper
use of information acquired by virtue of their position as
a Committee member.
46.2 Committee members and Instructors shall
not take improper advantage of their position to solicit or
gain, directly or indirectly, a personal advantage or advantage
for any associated person or entity.
46.3 Members of the Club shall not corrupt
or procure another member to misinterpret or misapply the
Rules of the Club or the Rules and Regulations of the VCA.
47. BYLAW 8 - PATRON OF THE CLUB.
47.1. The Committee may appoint (or reappoint)
a person to act as patron of the club for a specified term
not exceeding five years.
47.2. The Patron may be a publicly recognised
figure in their field of expertise or a person who has given
special support to the Club. Membership of the Club is neither
a prerequisite nor condition for appointment.
47.3. The Patron may represent the Club on
ceremonial or special occasions.
top of Bylaws
back to contents
