Club By-Laws

WYONG RSL SUB-BRANCH CLUB LIMITED

(ACN 001 044 737)

Effective (31/03/03)

1. GENERAL INFORMATION

The Wyong RSL Sub-Branch Club Limited is a Registered and Licensed Club initially formed by members of the Wyong RSL Sub-Branch. It is a non-profit organization formed solely for the benefit of it’s members and subscribes to the objects of the Returned and Services League of Australia.

The Wyong RSL Sub-Branch is a Sub-Branch affiliated with the Returned and Services League of Australia (N.S.W. Branch) Incorporated. The Wyong RSL Sub-Branch owns the Anzac Avenue and the Bowling Club premises in Wyong; the Club Limited owns the premises at Bryant Drive Tuggerah known as Club Tuggerah.

Your Club caters for both indoor and outdoor sports. A cross-section of these sports and Sub-Clubs includes Bridge, Darts, Euchre, Scrabble, Fishing, Golf and Cricket, Lawn Bowling, Pentanque, Snooker, Billiards, Soccer and Tennis.

2. GENERAL

(a) Members, their guests and visitors shall at all times conduct themselves in a manner that does not cause offence, annoyance or nuisance to other members, guests or visitors.

(b) Members, guests or visitors are not permitted to enter bar service areas, food service areas, kitchens, cool rooms, staff only areas or any other area of the Club that is designated from time to time as a no entry area.

(c) All members, guests and visitors shall leave the Club when directed to do so by the General Manager or his designated deputy.

(d) Members, guests and visitors shall not, when leaving the Club, make any noise or disturbance, which may cause annoyance to residents of the neighbourhood.

(e) All members, guests and visitors shall pay due respect to the Crown, the National Anthem of Australia and the RSL Ode, as required.

(f) Any matters relating to the Club management and it’s operation, which are not provided for in the Constitution and By-Laws shall be dealt with by the Board of Directors, whose decision shall be final.

(g) All members, guests and visitors are bound to comply with the Constitution and By-Laws of the Club.

3. MEMBERSHIP CARD/MEMBERSHIP NUMBER

(a) Every member, on admission to membership, shall be supplied with a membership card which will have a membership number embossed on it. This card MUST be shown each time a member enters the Club or upon request by an officer/employee of the Club. Failure to do so may result in the member not being admitted or being asked to leave the Club premises.

(b) The membership card remains the property of the Club and is not transferable. The membership card must be returned to the Club at the cessation of membership. Membership numbers will be allocated from the pool of vacant numbers. Consideration will be given to the allocation of particular numbers, if such number is available, upon receipt of a written request by a member.

4. SUBSCRIPTION FEES

(a) All membership fees are due and payable by 31st December each year. If any member has not paid their entrance fee and/or subscription or any part thereof, within a period of 31 days from the date upon which it falls due, then the member will have all privileges of membership withdrawn and their name will be removed from the register of members of the Club.

5. GUESTS/VISITORS

(a) Each member may introduce visitors to the Club as their guests. Members who do so will be responsible for the guest’s age, dress and behaviour whilst in the Club. The member must remain in the proximity of their guest and the guest must leave the Club when the member who introduced them does so.

(b) When a member introduces a guest he must enter that person’s name and address and sign his own name into the member’s guest register; kept for that purpose at the reception desk.

 6. MINORS

(a) No person under the age of eighteen years of age will be allowed onto Club premises unless in the company of a person who is a member of the Club or has qualified as a temporary member. Any minor must at all times be in the presence of a parent, grandparent or guardian and must not enter, under any circumstances, the bar or poker machine areas.

(b) Under age persons cannot be entered into the guest register.

 7. STANDARD OF DRESS

(a) The standard of dress for the various times of the day and the various areas of the Club will be those on display in the foyer of the Club. Neatness, Cleanliness and Tidiness shall be critical at all times. On every occasion the decision of management shall be final.

(b) All members, guests and visitors shall remove their headwear whilst inside all premises of the Club, unless such apparel is demanded by religious allegiance, health or medical reasons or as authorized by management from time to time.

(c) Dress rules are subject to change without notice.

8. CLUB TRADING HOURS

(a) The trading hours for each Club shall be those displayed at the main entry door of each Club premises.

9. COMPLAINTS:
(a) All complaints regarding the Club, Employees, Members, Club premises, or in regard to any other matter, shall be made in writing to the General Manager who will deal with the matter or if deemed necessary refer the matter to the Board of Directors.

(b) Members, guests and visitors shall not reprimand or complain to a servant of the Club, but shall refer all such matters to the General Manager or Senior Manager on duty.

 10. ELECTION OF THE BOARD OF DIRECTORS

Subject to Rule 56 of the Constitution, the election of the Board of Directors shall take place in the following manner:

(a) The opening date of nominations shall not be less than 24 days before the Annual General Meeting.

(b) A Returning Officer, and alternatives, shall be appointed by the Board; prior to the opening of nominations.

c) A nomination for election of a member shall be made in writing, and signed by the nominee, the proposer and seconder. The nomination shall be lodged with the General Manager, or his representative, prior to the close of trade on the closing date of nominations. The nomination shall be place and sealed in an envelope and handed to the General Manager or his representative. It is the responsibility of the nominee that the nomination and all required documents are filled out correctly prior to sealing them in an envelope and handing them to the General Manager or his representative, Upon receipt of each nomination the General Manager, or his representative, shall record receiving the nomination, issue a receipt and place the nomination in a lockable ballot box; the key for this box is to be held by the Returning Officer. It is the responsibility of the nominee to check that all 3 signatories are current financial members for the year.

(d) The Returning Officer and the General Manager shall open the ballot box, immediately after the opening of trade, on the day following the close of nominations, in the Club’s lounge. The number of nominations shall be checked against the record of receipt for correctness. Each nomination shall be checked for compliance with the Constitution and these By-Laws by the Returning Officer, and the nominations that comply will be separated into the positions of President, Vice-President, Treasurer and Director.

(e) A draw will then be conducted by the Returning Officer, after the opening of trade, on the day following the close of nominations, at a time set down by the Board, in the Club’s lounge for the order of the candidates that will appear on the ballot papers; in the order of the positions in By-Law 10 (d).

(f) If the number of candidates nominated is less than that required to be filled, those candidates shall be declared elected at the Annual General Meeting by the Returning Officer. If a candidate has been nominated for more than one position the candidate will be declared elected to the highest position, in the order listed in By-Law 10 (d). The remaining nominations for this candidate will be declared invalid for the remaining positions. At the Annual General Meeting the Returning Officer shall call for additional nominations and if the requisite number of candidates are nominated they shall be declared elected. If more candidates than required are nominated for the remaining positions, then an election by ballot.

(g) In the event of more than the required number of candidates being nominated by the closing date for nominations, or at the Annual General Meeting, an election by ballot shall take place on the premises of the Club at the Annual General Meeting.

(h) The Returning Officer shall conduct the ballot assisted by Scrutineers, who shall be appointed by the members at the Annual General Meeting. The Scrutineers shall not be candidates, or the proposer or seconder of a candidate, or staff members.

(i)  A staff member is entitled to attend the Annual General Meeting, if they are a current financial member of the Club, however they are ineligible to vote or speak on any matter including the election of the Board of Directors.

(j) Each member entitled to vote, shall, on entry to the Annual General Meeting, be handed a ballot paper initialled by the Returning Officer or his nominee.

(k) The ballot papers shall be in a form as determined by the Board from time to time, however they shall clearly show which candidate is in the classification of Club membership and which candidate is in the classification of Associate membership.

(l) The ballot where required shall take place in the following order:

(A) President

(B) Vice-Presidents

(C) Treasurer, and

(D) Directors

(m) Prior to commencing the ballot for each position, the Returning Officer is to ensure that each nominee is still prepared to stand for the position nominated. After ascertaining that each nominee is still prepared to stand for the particular position, the ballot for that position may then commence. A nominee may withdraw his nomination up until the commencement of the ballot for the particular position; this may be in writing or verbally at the Annual General Meeting.

(n) On the closing of the first ballot (A), the Returning Officer and Scrutineers shall count the ballot papers and check if the result tallies with the number of members eligible to vote. If this number is correct the result of ballot (A) shall be then declared at the Annual General Meeting. The ballot will then continue to ballot (B), (C) and finally ballot (D). Again the number of voting members shall be checked against the results prior to declaring the result for each ballot; and prior to the ballot for the next position. A ballot paper shall be declared informal if it has more or less than the requisite number of candidates to positions marked on it. For example, seven candidates marked for the position of Director or three candidates marked for the position of Vice-President.

(o) At the Annual General Meeting if a candidate has nominations for more than one position and is elected to a position, the candidate’s name will be then removed from the ballot papers and thus declared invalid for the remaining positions.

(p) The ballot for the position of Vice-Presidents shall take place and the candidate with the highest number of votes shall be elected as the Senior Vice-President and the candidate with the second highest number of votes shall be elected as the Junior Vice President. If there are only two candidates, the candidates, if both in agreement, may decide who elect to be senior Vice-President and who will elect to be Junior Vice-President. If the two candidates are not in agreement, a ballot shall take place.

(q) The ballot for the position of Directors shall take place and the Returning Officer shall place the candidates in order of votes from the highest to the lowest. The top four candidates in the class of Club membership shall be declared elected. The remaining candidates regardless of class of membership shall be grouped together and the top four from these candidates shall be declared elected. A completed ballot paper shall not be declared informal, if out of the eight positions, five or more candidates marked are in the class of Club membership or Associate membership.

(r)  It shall be the responsibility of each candidate, for election to the position of Director of Wyong R.S.L., to ensure they are familiar with, and comply with all rules and regulations of the Constitution and By-Laws of Wyong R.S.L. Sub-Branch Club Ltd.

11. VACANCIES ON THE BOARD

Subject to Rules 53, 54 and 80 of the Constitution, a casual vacancy on the Board of Directors shall be filled in the following manner:

(a) If the position of President becomes vacant then the Senior Vice-President shall, after a resolution passed by the Board, be appointed President

(b)  If the position of Senior Vice-President becomes vacant then the Junior Vice-President shall, after a resolution passed by the Board, be appointed Senior Vice-President.

(c) If the position of Junior Vice-President or Treasurer becomes vacant the Board shall appoint a successor, by resolution, from the remaining members of the Board.

(d) If any members of the Executive decline appointment to the positions of either President or Senior Vice-President, the Board shall appoint a successor, by resolution, from the remaining members of the Board.

(e) If all members of the Board who are eligible to be appointed to the Executive decline, then the Board shall appoint a successor, from the financial members of the Club.

(f)  The Board shall within a period of two calendar months of a casual vacancy, appoint a successor to hold office until the next Annual General Meeting of the members. If a ballot shall have taken place at the Annual General Meeting at which the Board then in office shall have been elected, the candidate last excluded from the Board of Directors, if eligible, shall be appointed. If the member declines or there are no eligible candidates from this ballot, the Board shall appoint a successor from the full financial members of the Club.

 12. DISCIPLINARY PROCEEDINGS

Subject to Rules 49 and 50 of the Constitution, and in addition to, the General Manager shall have the power to:

(a) Suspend a member from all privileges of membership, pending the hearing of any charge of which notice is to be or has been given; if in the opinion of the General Manager, that member has refused or neglected to comply with any provision of the Constitution or these By-Laws.

(b) Remove from the premises or refuse entry to any person, who is not a full financial member of the Club, and who if in the opinion of the General Manager, or in his absence the senior employee on duty, that person has refused or neglected to comply with any provision of the Constitution or these By-Laws.

(c) The General Manager or the senior employee of the Club who has exercised the power referred to in By-Law 12(a) or 12(b) must make a written report to the Board within 7 days of the suspension, refusal of entry or removal of the person. The report must set out the facts, matters and circumstances giving rise to the suspension, refusal of entry or removal.

(d) Upon receipt of the report, in regard to the power exercised in By-Law 12(b), the Board shall consider all the evidence and make a decision in relation to the person’s guilt. Once the Board has issued a decision of guilt, it may refuse any future election of the person to full membership of the Club for such period, as it considers fit. If the Board exercises this right it shall notify the person of it’s decision.

(e) Any suspension of a member by the General Manager or the senior employee pursuant to By-Law 12(a) will continue until further notice is given to the member pursuant to Rule 49 of the Constitution or for 6 weeks, whichever is earlier.

13. OFFENCES

It shall be an offence to/for:

(a)  Be under the influence of alcohol or any other substance whilst on Club premises.

(b) Introduce onto Club premises alcohol, beverages or other goods purchased elsewhere.

(c) Not comply with the Club policy on Responsible Service of Alcohol.

(d) Not comply with Club policy on Responsible Conduct of Gaming.

(e) Use language, which is, in the opinion of the Board of Directors, deemed to be objectionable, offensive or obscene and unacceptable to fellow members of the Club, their guests or visitors.

(f) Damage Club property.

(g) Remove Club property without proper authority.

(h) Disregard the directions of the General Manager, or the delegated person in charge, when duly warned in relation to any matter.

(i) Enter or remain on Club premises at unauthorized times.

(j) Act contrary to the Constitution and By-Laws of the Club.

(k) Cause offence to any member or members of the Club, their guests or visitors which in the opinion of the Board of Directors is prejudicial to the good order of the Club or to the comfort or welfare of the members, their guests or visitors.

(l) Introduce unlawful or unauthorized gambling into the Club.

(m) Remove liquor or other beverages or items from the Club without authority.

(n) Sell or supply alcohol to any person under the age of 18 years of age or permit any person under the age of 18 years of age to operate or play gaming machines, whilst on Club premises.

(o) Permit a person under the age of 18 years of age to be in areas of the Club designated as licensed or restricted.

(p) Any member of the Club to call meetings, coerce or suggest to any member of the Club to/or circulate, or to display any document or paper, canvassing votes in any election for positions on the Board of Directors or to canvas votes for a particular candidate in any election for positions on the Board of Directors.

(q) A member to introduce into Club activities, another person, who has had his membership privileges removed by a decision of the General Manager, his senior employee, or the Board of Directors of the Club.

(r) Knowingly allow another person to have in their possession or to use that member’s Club ID/membership card.

(s) Be under the influence of unlawful substances or to deal or introduce such unlawful substances onto Club premises or precincts.

(t) Be involved in brawling or assault in the Club premises or the precincts of the Club.

(u) A member or that member’s guest, or a visitor to solicit for money or any other service on Club premises unless prior approval has been obtained from the General Manager.

(v) The member’s, member’s guest’s or visitor’s conduct to be contrary to the Constitution, authorized By-Laws or regulations of the Club, and which is detrimental to the reputation and interest of the Club or is calculated to bring the Club into disrepute or contempt.

(w) Not comply with By-Law 19.

14. CANVASSING

(a) Members, their guests and visitors are not permitted to appoint or use the Club for the sale of any goods or from using the Club notice boards to display any notice whatsoever without the explicit consent of the General Manager or the Board of Directors.

(b) Members, their guests and visitors are not permitted to bring onto Club premises a petition of any kind, unless prior permission has been obtained from the General Manager or the Board of Directors.

15. CHEQUES

(a) No cheques will be exchanged for cash under any circumstances.

16. ANIMALS

(a)   No animals will be permitted on Club premises other than those referred to in the Anti-Discrimination Act.

17. GAMING MACHINES

(a) Members, guests and visitors are permitted to play more than one gaming machine at any one time, provided no other member wishes to play the additional machine.

(b) Gaming machines may be reserved for 3 minutes only.

(c) No poker machine change will be available after the final call has been made at the end of trading each day.

(d) No jackpots, payouts or short pays will be made after the closing call has been made at the end of trading each

(g) All persons in the gaming room area must at all times abide with the instructions of the General Manager or his delegated staff.

(h) All persons in the gaming machine area of the Club must be over the age of 18 years.

 18. CLUB CAR PARK AREAS

(a) Members, guests and visitors using Club car parking areas shall park their vehicles so as not to prevent entry to or exit from the car park by other vehicles.

(b) All drivers shall park vehicles within designated car park bays.

(c) All persons must vacate the car park areas immediately after leaving the Club and not create unnecessary noise or disturbance, which may cause annoyance to residents.

 19. DIRECTOR/EMPLOYEE DUTIES

(a) A Director must at all times act honestly in the exercises of his/her powers and discharge of his/her duties.

(b) A Director or officer or the Club shall at all times exercise a reasonable degree of care and diligence in the excise of his/her powers and the discharging of his/her duties.

(c) A Director, officer or employee, shall not make improper use of information, which he/she is aware of because of his/her position in the Club to gain, either directly or indirectly, an advantage for himself/herself.

(d) A Director, officer or employee, shall not use his/her position in the Club to gain for himself/herself, another person or a section of the membership, an advantage not available to all members or to cause detriment to the Club.

(e) Board Meetings are held on the last Monday of each month at 6pm, unless notified otherwise. All Directors will be expected to be on a sub-committee of the Board. Special Meetings are called whenever required, which could be up to 7 to 10 times a year.

(f) All business conducted at Board Meetings is confidential and Directors should ensure that no discussion is entered into outside the meeting room. All matters discussed at Board Meetings whilst confidential are not privileged and laws relating to defamation and privacy apply.

(g) Subject to Rules 49 and 50 of the Club’s Constitution and By-Law 12 and 13, if an allegation of misconduct is made about a Director then this is to be dealt with by a number of no less than a quorum of the Board of Directors.

(h) If a member of the Board of Directors wishes to submit an apology for non-attendance of a meeting then this is to be in writing, E-mail or facsimile.

(i) It is the duty of the President to set the Sub-Committees of Wyong R.S.L. Club, the Sub-Committee’s duties, assign the Directors and allocate positions of such Sub-Committees, set the meeting dates and times and assign Directors to the Sub-Clubs of Wyong R.S.L. as Contact Directors.

(j) It is the duty of the Treasurer to Chair all Judiciary Meetings and report the recommendations to the Board of Directors.