CONSTITUTION

TABLE OF CONTENTS

 

1. NAME

2. OBJECTS

3. FINANCIAL YEAR

4. MEMBERSHIP

5. CESSATION OF MEMBERSHIP

6. RESIGNATIONS

7. MEMBERSHIP FEES

8. REGISTER OF MEMBERS

9. DISCIPLINARY ACTIONS

10. DISPUTES AND DISPUTE RESOLUTION

11. MEDIATION

12. THE MANAGEMENT COMMITTEE

13. DUTIES OF THE COMMITTEE

14. NOMINATIONS OF COMMITTEE MEMBERS

15. ELECTION OF MANAGEMENT COMMITTEE MEMBERS

16. DUTIES OF COMMITTEE MEMBERS

17. FILLING OF CASUAL VACANCIES

18. COMMITTEE MEETINGS

19. SUB COMMITTEES

20. GENERAL MEETINGS

21. RULES OF DEBATE AND VOTING

22. QUORUMS

23. PROXIES

24. FINANCIAL MATTERS

25. DISTRIBUTION OF SURPLUS ON CANCELLATION OF INCORPORATION OR WINDING UP/DISSOLUTION

26. COMMON SEAL

27. ALTERATION OF RULES

28. INSPECTION OF RECORDS AND DOCUMENTS

29. APPROVAL OF THE CONSTITUTION

1. NAME

1.1 The name of the Association is La Maison De France Inc translated in English as “The House of France Inc”, herein after referred to as a club.

1.2 The name of the Club shall never be changed.

1.3 This constitution contains the operating rules of the Association/Club.

2. OBJECTS

The Association/Club is a not for Profit organisation promoting Social Activities, Sports, particularly the Sport of Petanque and other activities as approved by the Management Committee:

2.1 To be an Association that fosters the interests of people of French descent living in Western Australia without regard to social standing, occupation, political and religious beliefs.

2.2 To foster the French Language, culture, customs, habits and social life and promote mutual understanding and co-operation.

2.3 To provide its members and their guests with a community centre and facilities for cultural, leisure and sports activities.

2.4 To provide, maintain, fit out and furnish a Club-house or Club premises for the use of its members and their guests to ensure the good functioning of the Club.

3. FINANCIAL YEAR

3.1 The Association/Club’s financial year will be the period of twelve (12) months commencing on 1st July and ending on 30th June of each year.

3.2 Funds of the Association: The property and income of the Association/Club shall be applied solely towards the promotion of the objectives of the Association and no part of that property or income may be paid or otherwise distributed, directly or indirectly, to members of the Association, except in good faith in the promotion of those objectives.

4. MEMBERSHIP

 4.1 Eligibility:

Any person who supports the objects of the Association/Club is eligible to apply for membership. Any person who has not reached the age of eighteen (18) may apply for membership but not of a class that confers full voting rights. The prescribed fees are set up by the management committee from time to time.

4.2 Class of Memberships:

  • Full Family Membership: Any couple with a minimum of one and a maximum of 4 children.

  • Full Individual Membership: Any person over the age of eighteen (18)

  • Student/Senior Membership: Any person over the age of eighteen (18) who is a student and any person who is over the age of sixty (60), no longer working full time, have full voting rights at any general meeting of the Association/Club.

  • Associate Membership – Any person over the age of eighteen (18) who is a full financial member of any other club or association, that offers a reciprocal agreement, approved by the Executive Committee shall apply to become an Associate member by submitting an application form with the prescribed fee set up by the Executive Committee from time to time for the period of the Club financial year. Associate Members shall enjoy all the benefit as an ordinary member. However, are not eligible to hold office, vote or speak at General Meetings.

  • Life Membership: Determined from time to time by the Management Committee - Life members shall not be required to pay the prescribed membership fees and shall not be a member of the Executive Committee and having full voting rights at any general meeting of the Association/Club. The Executive Committee shall have the right to revoke a Life Membership in accordance with section 9 here under.

  • Junior Membership – Shall not have the right to vote.

4.3 Application:

A person who wants to become a member must complete an application form which must be signed by the applicant and a member nominating the applicant specifying the class of membership. Then is subject for approval by the management committee and the management committee may reject an application. After the decisions, the management committee will notify the applicant of its decision to accept or reject the application.

4.4 An applicant becomes a member when the Management Committee accepts the application and the membership fees have been paid.  

 

5. CESSATION OF MEMBERSHIP

Membership ceases:

5.1 When the person dies or resigns from the club.

5.2 When the person is expelled from the Club.

5.3 For non-payment of fees.

 

6. RESIGNATIONS

A member may resign from membership when he/she gives the club a written notice of the resignation to the Secretary.

The resignation takes effect:

6.1 When the Secretary receives the notice or,

6.2 If a later time is stated in the notice, at that later time.

7. MEMBERSHIP FEES

7.1 The annual membership fee is determined by the Management Committee and approved at a General Meeting.

7.2 Every member shall be liable to pay his membership fee and in the case of a suspension or any member who is expelled will not receive any refund from the Club.

7.3 Any new members application received after three (3) months or during the Financial Year, then a Pro-rata amount of the membership fees shall apply.

7.4 Any member wishing to vote or speak at a General Meeting must have paid the membership fee in full prior to the commencement of the meeting.

7.5 Membership Fees are due and payable by the 1st July of each year to entitle a member to full voting right.

7.6 If a member has not paid the annual membership fee within the period of three months after the due date (being 1st July of each year), the member ceases to be a member on the expiry of that period.

7.7 A concessional fee as determined by the Management Committee shall apply to Senior and Student members.

 

8. REGISTER OF MEMBERS

8.1 The Secretary or any other person authorized by the Management Committee is responsible for maintaining the register of members and record any change in the membership of the Association/Club as required by Section 53 of the Act. The register must include each member’s name, residential address or postal address, email address, telephone or any information by means of which contact can be made with the member.

8.2 The register must be kept at the Secretary’s place of residence or at any other place determined by the Management Committee.

8.3 Any member may inspect the register free of charge, but the Management Committee may determine a reasonable charge for providing a copy of the register.

8.4 The Management Committee may require a member who requests a copy of the members register to provide a statutory declaration to the Secretary setting out the purpose of the request and declaring that the purpose is connected with the Club’s affairs.

 

9.   DISCIPLINARY ACTIONS

9.1 The Executive Committee may suspend or expel a member from the Association/Club for a period of up to twelve (12) months if:

  • the member found guilty of unruly behaviour or acts detrimentally to the interests of the Club.

  • the member contravenes any of the Club’s rules.

9.2 A proposal to suspend or expel a member must be notified to the member in writing by the Secretary at least twenty-eight (28) days before the Management Committee meeting at which the proposal is to be considered by the Executive Committee and the member advised of the grounds on which the proposal and given reasonable opportunities to make written submissions.

9.3 Written notice of the decision to suspend or expel the member, must be given to the member by the Secretary within seven (7) days of the Executive Committee meeting at which the decision was made.

9.4 When a member is suspended or expelled, that member loses any rights including voting at meetings and is not entitled to any rebate or refund for membership fees paid.

9.5 The Secretary will record in the register of members the date on which the suspension or expulsion takes effect and in the case of a suspension, the period of the suspension.

9.6 A member who is suspended or expelled from the Club may, within fourteen (14) days gives written notice to the Secretary of the members intention to appeal against the Executive Committee decision to a general meeting.

10. DISPUTES AND DISPUTE RESOLUTION

10.1 The procedures set out in Part 4 of the Act will apply to any disputes between members, and between one or more members and the Club.

10.2 Parties to a dispute must attempt to resolve any dispute between themselves within (14) days after the dispute has come to the attention of each party.

10.3 The Management Committee will hear, rule on any dispute and give each party to the dispute written notice of the Committee’s determination and the reason for its decision within seven (7) days after the Committee meeting at which the decision was made.

10.4 Any party to a dispute who is not satisfied with the Committee’s decision may within seven (7) days after receiving the notice, give written advice to the Secretary requesting the appointment of a mediator under Division 3 of Part 4 of the Act.

 

11. MEDIATION

If written notice has been given to the Secretary requesting the appointment of a mediator, the mediation process set out in Division 4 of Part 4 of the Act will apply. If a dispute cannot be resolved, any party to the dispute may apply to the Administrative Tribunal to determine the dispute.

12. THE MANAGEMENT COMMITTEE

12.1 The business and affairs of the Club shall be under the management of a Committee comprised of elected Ordinary Members at a General Meeting for a period of not less than twelve (12) months, meeting periodically and recording all resolutions in a book or file provided for that purpose.

12.2 The Management Committee shall consist of at least five (5) and a maximum seven (7) elected members at a General Meeting.

12.3 The Office bearers shall be:

  • A President

  • A Vice President

  • A Secretary

  • A Treasurer

  • and any other positions as required by the Club.

12.4 The Committee may be enlarged or reduced with the approval of a resolution of a majority of the members at a General Meeting of the Club.

12.5 All the members of the Committee serve for twelve (12) months from the date of the AGM and shall be eligible for a further term, if they choose to renominate.

13. DUTIES OF THE COMMITTEE

13.1 The Committee:

The Committee members are the person who, as the Management of the Club, have the responsibility for managing the affairs of the Club in pursuant of its objectives. The members of the Office Bearers are honorary.

To assist the Committee to manage the Club, the Committee may appoint one or more sub-committees to execute a task agreed by the Committee, but no sub-committee shall incur any liability without the consent of the Committee.

The Committee may authorise the recoupment of a reasonable expenses incurred by a Member of the Committee whilst engaged in their duties.

13.2 The President shall:

  • Chair all Management Committee meetings and all other meetings of the Club.

  • Ensure the Rules and By-Laws are being adhered to and that all responsibilities and duties of office bearers are being properly carried out.

  • Have a casting vote but not a deliberative vote.

  • Have the same right to speak on any question as a member.

  • Temporarily suspend any member of the Committee or relieve any Committee member of their function, at any time where such action is justified, save that such action must be confirmed by the Committee and at the next General Meeting.

  • Attend any Committee, Sub-Committee and Group Meetings without invitation.

  • Act as both the authorised officer and as the nominee of the Club for the purposes of the Act.

  • Shall be the public relations officer of the Club.

  • Counter-sign cheques drawn under the name of the Club.

13.3 The Vice President shall:

  • Aid and assist the President in the duties of the President’s office.

  • In the absence of the President, be authorized to carry out the President’s functions, be responsible to meet the President’s obligations and be entitled to exercise all the privileges of the President’s office.

  • Be entrusted with special assignments and duties.

  • Counter-sign cheques drawn under the name of the club.

  • Carry out all the functions and responsibilities of the President in the event of a motion of no confidence in the President being passed, until such time as an election of a new President can be conducted.

13.4 – The Secretary shall:

  • Act as the executive officer of the Club and be in charge of the administration and running of the club.

  • Act as both the authorised officer and as the nominee of the Club for the purposes of the Act.

  • Sign correspondence.

  • Be responsible to maintain an up to date list of members.

  • Advising acceptance of new membership and ensuring that a copy of the Club’s Constitution is attached to the advice.

  • Performing such other duties relating to that office as may be assigned by the Chairperson.

  • Counter-sign bank cheques drawn under the name of the Club.

  • Have custody of the Common Seal and shall be one of the signatories to the affixing of the Seal.

  • Prepare and Keep minutes of all Committee and all other General Meetings of the Club.

  • The Secretary shall be assisted in the above duties by the Assistant Secretary.

13.5 – The Treasurer shall:

  • Act as the executive officer of the Club and be responsible for the safe custody of accurate records of all financial transactions of the Club.

  • Maintain a register of members and Receive the membership fees, contributions of members & other moneys due to the Club and shall be authorized to issue official receipts for the same.

  • Keep an up to date and accurate set of accounts of income and expenditure and balance sheet.

  • Countersigning all cheques relating to payments made by the Club, as approved by the Management Committee and paying into the bank account of the Club all monies received. Keep proper bank statement of accounts.

  • The Treasurer may keep in hand at any one time a Petty Cash account in the book ledger of account of the Club and the amount being as determined by the Management Committee.

  • Submit a progressive statement of income and expenditure, Assets & Liabilities to each monthly meeting of the committee.

  • Prepare the Financial reports for approval to the Management Committee prior its submission to the annual general meeting.

  • If applicable, ensuring that the accounts of the Club are audited at the end of each financial year.

 

14. NOMINATIONS OF COMMITTEE MEMBERS:

Members to whom Part 4, Sec 39 applies, will be prohibited from sitting on the Management Committee (without prior approval by the Commissioner for Consumer Protection) if they:

  • are an undischarged bankrupt or their affairs are under insolvency laws;

  • have convicted of an offence in connection with the promotion, formation or management of a body corporate;

  • have been convicted of an offence involving fraud or dishonesty punishable on conviction by at least three months or more imprisonment; or

  • have been convicted of an offence under Division 3 (the duties of officers’ provisions) or section 127 (the duty with respect to incurring of debt) of the Act.

  • Members to whom Sec 39 of the Act does not apply, and wish to be considered for election to the committee at the annual general meeting for election by sending written notice of the nomination to the Secretary at least twenty-eight (28) days before the annual general meeting and such nomination must be supported by another member.

 

15. ELECTION OF MANAGEMENT COMMITTEE MEMBERS

15.1 If the number of members nominating for the positions on the Management Committee exceeds seven (7), the financial members must vote in accordance with procedures that have been determined by the Management Committee.

15.2 The Committee members shall be elected at the Annual General Meeting of the Club and will hold office until the positions are declared vacant at the next Annual General Meeting.

16. DUTIES OF COMMITTEE MEMBERS

Members of the Committee must exercise their powers and discharge their duties with due diligence and at all times act in accordance with the provisions of Sec44, 45 and 46 of the Act.

17. FILLING OF CASUAL VACANCIES

The Committee may appoint a replacement – not more than two (2) in any calendar year to fill any vacancy that may arise from the resignation, death or disqualification of a Committee member. The filing of any further vacancy is to be determined by a Special General Meeting.

18. COMMITTEE MEETINGS

18.1 The Committee shall meet at least six times per year or monthly if needed at such a place and on such a date as may be determined at the previous meeting.

18.2 The quorum for an ordinary meeting of the Committee shall be 60% of Committee members.

18.3 Special committee meetings may be convened by the chairperson or any two (2) committee members.

18.4 Notice of each committee meeting must be given by the Secretary to each committee member at least forty-eight (48) hours before the time and date of the meeting.

19. SUB COMMITTEES

19.1 The Management Committee may appoint one or more subcommittees to help in the conduct of the Club’s business.

19.2 Subcommittee members may consist of members that the Management Committee considers appropriate.

19.3 All meetings of Subcommittees must be chaired by a Management Committee member and all decisions made by a subcommittee must be ratified by the Management Committee.

20. GENERAL MEETINGS

20.1 – ANNUAL GENERAL MEETING:

The Annual General Meeting shall be held once a year within 60 days from 1st July on a date to be determined by the Committee. The date, agenda of the meeting and proxy forms shall be made available to all members at least twenty-eight (28) days prior to the meeting and for the following purposes:

  • To hear the President’s Report on the events of the previous year.

  • To approve the minutes of the previous Annual General Meeting and any

special meeting.

  • Business arising out of the minutes.

  • To receive the Treasurer’s Financial report and to accept the balance sheet and summary of Income/Expenditure of the previous year.

  • To hear the report of the elected Auditors of previous year and election of two auditors for the coming financial year.

  • Resignation of the Committee and election of an acting chairperson.

  • Election of President, Vice-President and other Committee members.

  • To confirm or vary the membership fees and other amounts (if any) to be paid by members.

  • To consider motions of members, notice and details of which should have been submitted to the Secretary at least twenty-eight (28) days prior to the date of the Annual General Meeting.

  • General Business raised by members present and accepted by the chairperson for consideration by the meeting.

20.2 – SPECIAL GENERAL MEETING

  • A special general meeting may be convened if at least 20% of the members require a special general meeting to be convened.

  • The members requiring a special general meeting to be convened must

  1. Make the requirement by written notice given to the Secretary

  2. State in the notice the business to be considered at the meeting

  3. Each sign the notice.

 

21. RULES OF DEBATE AND VOTING

21.1 All motions put before all meetings shall be determined by a simple majority vote.

21.2 The chairperson shall maintain order and all remarks must be addressed through him/her.

21.3 Every motion must have a proposer and a seconder or it will lapse.

21.4 The chairperson shall encourage discussion both for and against, before calling for a vote on the motion.

21.5 All financial members present shall have the right to vote.

21.6 Where voting on a motion is deadlocked, the chairperson shall be able to exercise a casting vote, but only after every effort has been made to seek a compromise agreement.

21.7 All votes shall be recorded in the minutes of the meeting.  

22. QUORUMS

The quorum at any general meeting shall be one third of the financial members of the Club.

23. PROXIES

Voting by proxy is permitted, prior notification has been given to the President or Secretary. Proxy forms shall be made available to members.

24. FINANCIAL MATTERS

24.1 SOURCE OF FUNDS:

The funds of the Association may be derived from entrance fees, annual subscriptions, donations, fund-raising activities, grants, interest and any other sources approved by the committee.

24.2 CONTROL OF FUNDS:

  1. The Association must open an account in the name of the Association with a financial institution from which all expenditure of the Association is made and into which all funds received by the Association are deposited.

  2. Subject to any restrictions imposed at a general meeting, the committee may approve expenditure on behalf of the Association.

  3. The committee may authorise the treasurer to expend funds on behalf of the Association up to a specified limit without requiring approval from the committee for each item on which the funds are expended.

  4. All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments of the Association must be signed by:

  • 2 committee members, or

  • one committee member and a person authorised by the committee.

5.   All funds of the Association must be deposited into the Association’s bank account after their receipt.

6.   The circumstances (if any) in which payment may be made to a member of the committee out of the funds of the association, can occur if the payment is authorised by a resolution of the association.

24.3 FINANCIAL STATEMENTS:

The Club being a tier 1 club under Part 5 of the Associations Incorporated Act 2015 may prepare its financial statements in accordance with the recommendations under that part.

The Club uses the cash basis of accounting:

  • A statement of receipts and payments for the financial year.

  • A reconciled statement of bank account balances as at the end of the financial year.

  • A statement of assets and liabilities as at the end of the financial year.

 

25. DISTRIBUTION OF SURPLUS ON CANCELLATION OF INCORPORATION OR WINDING UP/DISSOLUTION:

25.1 The Association may be dissolved or wound up by a special resolution passed by the members and obtaining a majority of at least 75% at a Special General Meeting called for such a purpose.

25.2 If upon the dissolution or winding up of the Association, after paying all its debts and liabilities, its surplus property must be distributed or transferred as determined by special resolution in accordance with the requirements of section 24(1) of the Act, to another incorporated club/association or institution with similar objectives wholly or partly.

25.3 The Commissioner of Taxation and the appropriate government department shall be advised of the dissolution within thirty (30) days of the dissolution.

26. COMMON SEAL

The Club shall have a common seal bearing the name of the Club and kept in the custody of the Secretary or another committee member authorised by the committee. 

27. ALTERATION OF RULES

If the Association wants to alter or rescind any of these rules, or to make additional rules, the Association may do so only by special resolution and by otherwise complying with Part 3 Division 2 of the Act.

28. INSPECTION OF RECORDS AND DOCUMENTS

As required by the Act, a member has the right to inspect the Club records, documents and minutes of committee meeting or any other record or document of the association free of charge:

  • The member must contact the secretary to make the necessary arrangements for the inspection.

  • The member may make a copy of or take an extract from the record or document and does not the right to remove the record or document for that purpose.

  • The member must not use or disclose information in a record or document, except for a purpose:

  1. That is directly connected with the affairs of the Association; or

  2. That is related to complying with a requirement of the Act.

29. APPROVAL OF THE CONSTITUTION

The Constitution was approved at a Special General Meeting of the members of the Club on

 

Friday 21st June 2019.

---------------------------------------------/------------------------/--------------------------

Note: The Association Incorporation Act 2015 can be viewed on the link below:

http://www5.austlii.edu.au/au/legis/wa/consol_act/aia2015307/

Site Map
Contact details
Follow Us

Email: lamaisondefranceperth@gmail.com

Meeting Address

Lake Monger Recreation Club

144 Gregory Street

Wembley WA 6014

  • Twitter Social Icon
  • Instagram Social Icon
  • Facebook Social Icon

© 2019 by La Maison de France Perth