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Constitution

REGISTERED NUMBER: Y2741716


CONSTITUTION OF THE
CURL CURL
AMATEUR SWIMMING CLUB INCORPORATED


Adopted 5/10/66

Amended 21/9/72
                20/9/73
                19/3/79
                16/2/98
                19/9/2003

1. CURL CURL AMATEUR SWIMMING CLUB INC.
The Club shall be called the Curl Curl Amateur Swimming Club Incorporated and shall have as its members:
(a) competing members who shall comply with the provisions relating to eligibility as shown in the following sections.
(b) non-competing members who pay an annual subscription. Life members and Patrons who are not required to pay subscription.

2. AFFILIATION
Affiliation to other kindred bodies may be effected from time to time by the Management Committee.

3. CLUB COLOURS
The colours of the club shall be Blue, White and Gold.
(a) The Badge of the Club shall be as determined by the Management Committee.
(b) Club Blazer shall be as determined by the Management Committee.

4. OBJECTIVES
The objects of the Club shall be the teaching and encouragement of all phases of natatorial sport.

5. ALTERATION OF CONSTITUTION
The Rules embodied in this Constitution may be altered only at an Annual General Meeting or Special General Meeting.
Amendments or additions require a three-fourths majority of those present and voting.

6.FINANCIAL YEAR
The Financial Year of the Club shall be from 1st September in one year to 31st August in the succeeding year.

7. MEMBERSHIP
(a) The Club may consist of Life Members, Junior and Senior members as defined hereunder:
Juniors - under 16 years of age on 1st October of any one season.
Seniors - over 16 years of age.
(b) Subscriptions - all details regarding Subscriptions shall be fixed by the Management Committee each season.
(c) A Financial Member is a person who has completed his enrolment form, been accepted by the Committee, and has paid the subscription fixed for the season, such membership automatically lapsing at 31st August. No person shall swim competitively unless a Financial Member.
(d) A register of members shall be kept by the Club showing the name, address and other contact details.
(e) Membership shall cease upon resignation, expulsion or failure to pay outstanding membership fees within three (3) months of the due date.

8. RESIGNATION
Any member wishing to resign from the Club during the course of any one season should send his written resignation to the Hon. Secretary. The resigning member will not be entitled to a refund of moneys paid as an annual subscription irrespective of the date of his resignation.

9. ANNUAL GENERAL MEETING
The Annual General Meeting of the Club shall be held on a date to be decided by the Management Committee not later than September each year, to receive the Annual Report and Balance Sheet for the past season and to elect its office bearers for the ensuing season. Each member shall be notified not less than seven (7) days prior to the date of the meeting.

(a) Nominations of Officers shall be made in writing to the Honorary Secretary or from the floor of the Annual General Meeting. Such nominations shall be proposed and seconded by members of the Club and the nominee's consent shall be received.
(b) No officer shall be elected in absentia unless written advice is received from the retiring officer or member indicating his desire to be elected or re-elected to the
position in question.
(c) When only one nomination for any position has been received, the officer shall be deemed elected unopposed.
(d) The election of officers where more than one nomination has been received shall be by secret ballot.
(e) In all Notices of Motion at Annual General Meetings, Special General Meetings (vide Rule 10) and in the election of Office Bearers at the Annual General Meeting, members under 14 years of age shall not be eligible to cast a vote.
(f) Those elected shall take office the day following the Annual General Meeting.

10. SPECIAL GENERAL MEETINGS
Special General Meetings may be called at any time by order of the Management Committee, upon written application to the Honorary Secretary signed by not less than eight (8) voting members, stating clearly the business to be considered. The matter referred to shall be the only business on the Agenda.

11. QUORUM at AGM
The Quorum at Annual General Meetings and Special General Meetings shall be eight (8) voting members.

12. CLUB OFFICE BEARERS
The following shall be elected at the Annual General Meeting:
Patrons, Patronesses, President, Deputy President, Vice Presidents, Honorary Medical Officers, Honorary Secretary, Honorary Assistant Secretary, Race Secretary, Honorary Treasurer Honorary Assistant Treasurer, Honorary Registrar, Publicity Officer and a Public Officer.
(Two Captains - one of either sex, to be elected at the pool by the vote of all financial members).

13. OFFICIALS: Starter, Check Starter, Chief Timekeeper, Timekeepers, Chief Judge, Judges, Referee, Handicappers, Public Officer, Auditors, Social Organisers, Selectors,
          Chief Learn-to-Swim/Stroke Correction Instructor, and up to ten (10) committee members.


Positions not filled at the Annual General Meeting will be elected by the Management Committee. The Committee is empowered to add to the number of Race officials at any time.

Club office bearers and officials with the exception of Patron, Patroness, Auditor, Chief Learn-to-Swim/Stroke Correction Instructor, Timekeepers and Judges are restricted to three (3) consecutive years in any one position.

14. CLUB MANAGEMENT AND FINANCE -- EXECUTIVE COMMITTEE
In matters of urgency, an Executive Committee consisting of the President OR Deputy President, Honorary Secretary and Honorary Treasurer shall have power to exercise any of the powers of authority of a full complement of the Committee, but they, the Executive, must report to the next Committee Meeting for endorsement of the action taken.

15. MANAGEMENT COMMITTEE
The Management Committee shall consist of Office Bearers and Officials as defined in Clause 13.

16. MANAGEMENT COMMITTEE DUTIES
The Management Committee shall have the power to make Domestic Rules and such Domestic Rules shall remain in force until rescinded or amended. In addition to minuting these Domestic Rules, the Honorary Secretary shall keep a special Domestic Rule Book in which all Domestic rules shall be entered with the date on which they were passed, providing that any member may make a complaint which must be heard at the next Committee Meeting.

17. FINANCE
All moneys received shall be banked within 14 days in the name of the Club with a bank nominated by the Treasurer and approved by the Management Committee and payments made by cheque to be signed by any two of the President, Honorary Treasurer or Honorary Secretary. Any one of the President, Honorary Treasurer or Honorary Secretary is authorised to endorse cheques payable to the Club and lodged to its credit at the Bank nominated.

18. MANAGEMENT COMMITTEE MEETINGS
The Management Committee shall meet at least once each month during the swimming season and at the discretion of the Management Committee for the remainder of the year.
(a) A quorum at any meeting of the Management Committee shall be five (5) including the President or his Deputy who may if necessary exercise his casting vote.

19. STANDING ORDERS
Standing order for all meetings:
1. Apologies
2. Reading and confirmation of Minutes
3. Business arising out of Minutes
4. Correspondence
5. Finance
6. Accounts for payment
7. Reports and recommendations for sub-Committees
8. Delegates' Reports
9. Motions requiring notice for which due notice has been given in writing to the Hon Secretary at least 14 days prior to the date of the meeting
10. Notices of Motion
11. General Business
12. Election of new members
13. Closure

20. SUB-COMMITTEES
The Committee shall have the power to form any Sub or Social Committee desired.

21. CLUB DELEGATES
Delegates to bodies to which this Club is affiliated shall be selected by the Committee.

22. CLUB COSTUMES
The Committee may issue each financial member with costumes or swim caps in the club colours on request and on payment of the prescribed fee. Permission to purchase and subsequently wear a Club Blazer with any lettering thereon must be obtained in writing from the Management Committee.

23. MANAGEMENT MEETING ATTENDANCE (Club Members)
All Club members (not holding office) are permitted to attend Management Committee meetings, but must seek the President's permission to speak and are not entitled to vote on any motion.

24. MANAGEMENT MEETING ATTENDANCE (Executive Members)
Any member of the committee absenting himself from two consecutive or three in all ordinary monthly meetings, without having notified the President or Hon Secretary of his inability to attend, may be declared to have vacated his seat. Any such vacancy occurring may be filled by nomination from any member, but election must be by ballot when necessary at the next Committee Meeting.

25. CLUB EVENTS - GENERAL
All swimming events shall be conducted under the Rules of the Australian Swimming Association Incorporated.

26. SWIMMING PROGRAM
The date of the first Race Day for the ensuing season shall be decided by the Management Committee at the meeting preceding the Annual General Meeting, and this date shall be notified to all members on the Notice Paper of the Annual General Meeting.

27. DURATION OF SEASON
The Management Committee shall decide the duration of the Swimming Season each season.

28. INSURANCE
The Club shall effect and maintain insurance as required by law together with any other insurance regarded as necessary by the club.

29. LIFE MEMBERSHIP
Life Membership of the Club shall be open to members who have done outstanding work in an official capacity for at least six (6) years.

30. NOMINATIONS FOR LIFE MEMBERSHIP
Nominations for Life Membership, signed by the proposer and seconder must be in the hands of the Hon. Secretary prior to the last Committee Meeting before the Annual General Meeting. At the Committee Meeting, the Committee will consider the merits of the person or persons proposed, and should the Committee decide by a three-fourths majority that the person or persons proposed are worthy of the high distinction such recommendation of the Committee shall be included in the notice for the Annual General Meeting. Should the Committee decide against the proposal, the matter shall not be further proceeded with.

31. CONFERING OF LIFE MEMBERSHIP
Life Membership may only be conferred by at least a three-fourths majority of those present and voting at the Annual General Meeting.

32. PREVIOUS SERVICE
Service in either Curl Curl Men's Amateur Swimming Club or Curl Curl Ladies' Amateur Swimming Club prior to the formation of the Curl Curl Amateur Swimming Club shall be recognised as service in the Curl Curl Amateur Swimming Club.

33. USE OF CLUBROOM OFFICE
The offices of the Club shall be used only by the Officials of the Club. Should any member break any Rule of the Club, he shall be called upon to show why he should not be dealt with by the Management Committee, which shall have the power to suspend the offender for any period.

34. VIOLATION OF RULES
Any member violating any Rule or who shall misconduct himself or act contrary to the general wishes of the Club may be expelled by the votes of three-fourths of the members at the Special General Meeting called for the purpose, of which seven days notice shall be given to the member concerned. Any member so expelled .shall forfeit all claims on the Club property and shall cease to be a member.

35. GENERAL RULE
In the event of anything occurring not within the scope of these Rules, the Management Committee shall deal with it at its discretion.

36. REMUNERATION
No member of the Management Committee shall be appointed to any salaried office of the Organisation or any office of the Organisation paid by fees and no remuneration or other benefit in money or money's worth shall be given by the Organisation to any member of the Management Committee except payment of out-of-pocket expenses, interest at a rate not exceeding interest at the rate for the time being charged by Bankers in Sydney for money lent to the Organisation and reasonable and proper rent for Premises let to the Organisation.

37. AUDIT
(a) The auditor or auditors shall be elected at the Annual General Meeting. They shall examine all accounts, vouchers, receipts, books, etc., and furnish a report thereon to the members at the Annual General Meeting. Audits shall be conducted at regular intervals of not more than twelve months.
(b) An auditor shall not be a member or closely related to a member of the Management Committee.
(c) Subject to paragraph (d) hereof notice of the intention to nominate an auditor to replace the current auditor shall be given to the Secretary at least twenty-one (21) days before the Annual General Meeting. The Secretary shall send a copy of the nomination to the current auditor at least seven (7) days before the Annual General Meeting. The current auditor shall be entitled to attend the Annual General meeting and if he so wishes be heard at such Annual General Meeting.
(d) Where the current auditor submits his resignation or notifies the Secretary of his intention not to seek re-election as auditor, paragraph (c) hereof shall not apply.

38. DISSOLUTION
The Organisation shall be dissolved in the event of membership less than ten (10) persons or upon
(a) the vote of a three-fourths majority of members present at a Special General Meeting convened to consider such question.
(b) Upon a resolution being passed in accordance with paragraph (a) of this rule, all assets and funds of the organisation on hand shall, after the payment of a11 expenses and liabilities, be handed over to such registered or exempted charity or charities as a simple majority of the members at the Special General Meeting so convened, or at a subsequent Special General Meeting, may decide.

39. LIABILITY OF MEMBERS
The members of the club shall have no liability to contribute towards the payment of debts and liabilities of the Club or the costs, charges and expenses of the winding up of the Club except to the amount of any unpaid membership fees.

40.PUBLIC OFFICER
The committee shall ensure that a person is appointed as Public Officer.
The duties of the Public Officer are as proscribed by the Associations Incorporation Act, 1984.
The committee may at any time remove the Public Officer and appoint a new Public Officer provided the person appointed is eighteen (18) years of age or older and a resident of New South Wales.
The Public Officer shall be deemed to have vacated his/her position in the following circumstances:
death;
resignation;
removal by the committee or at a General Meeting;
bankruptcy or financial insolvency;
mental illness;
residency outside of New South Wales.

When the vacancy occurs in the position of Public Officer the Committee shall within fourteen(14) days notify the Department of Fair Trading on the prescribed form and appoint a new Public Officer.

The Public Officer may be an Office Bearer , Committee Member or any other person regarded as suitable for the position by the Committee.