ROYAL AUSTRALIAN REGIMENT ASSOCIATION (SA) INC

13 BEATTY STREET LINDEN PARK SA 5065

 

 CONSTITUTION

OF THE ROYAL AUSTRALIAN REGIMENT

 ASSOCIATION (SOUTH AUSTRALIA)

 INCORPORATED

 

 

 

CONSTITUTION OF RAR ASSOCIATION (SA) INCORPORATED

LIST OF CONTENTS

 

Part                                                                                               Page                Paragraph                                                                                        

List of Contents                                                                                1 - 2                                                  

Certificate of Ratification                                                                 3                                                                  

Record of Amendments                                                                4                              

 

PART 1 – GENERAL                                                                         5                                                                              

Title and Organisation                                                                    5            1-2                                           

Local Rules                                                                                      5             3                                                         

PART 2 – OBJECTIVES OF THE ASSOCIATION                        5                                

 

Objectives                                                                                        5          4                                

PART 3 – MEMBERSHIP                                                               5 - 7                                                              

Classes of Membership                                                               5 - 6          5                                                         

Ordinary Members                                                                           6             6                                                                                                                                                                 

Associate Member                                                                          6              7

                                                                                                                            

Honorary Members                                                                            6            8                                                         

Life Members                                                                                    6 - 7         9-11                                                                         

Resignation of Membership                                                               7                   12                                                                  

Transferability of Membership                                                            7                   13                                                                  

Cessation of Membership                                                                  7                   14                                                                  

Reprimands, Suspensions and Expulsions                                  7                   15

 

Right of Appeal                                                                                      7               16-17            

 

PART 4 – MANAGEMENT, THE COMMITTEE,

SUB-COMMITTEES AND GENERAL MEETINGS                                8 - 12                                   

 

The Committee                                                                                  8                   18                                                        

Role of the Committee                                                                       8                   19                                                        

Sub-Committees – General                                                                8 - 9              20                                                        

The Club Sub-Committee                                                                   9                   21-22               

The Ceremonial Sub-Committee                                                         9                   23-24                                                   

The Welfare and Advocacy Sub-Committee                                        9 - 10             25-26   

 

Duties of Office Bearers                                                                    10                 27-29

                                                                                                       

Casual Committee Vacancies                                                             10                 30                                                        

Frequency of Committee and Sub-Committee Meetings                      10                 31-32   

 

General Meetings                                                                              10 - 11           33-36                                       

PART 5 – VOTING AT MEETINGS, QUORUMS

AND APOLOGIES                                                                             11 - 12                     

 

Voting at Meetings                                                                            11                  37       

 

Quorums                                                                                           11                 38                   

Apologies                                                                                         11                  39

 

PART 6 – FINANCIAL MATTERS                                                       11 - 12                                                                      

Sources of income                                                                            11                 40                                                        

Annual Subscriptions                                                                         12                 41-43   

                                                                                                                                   

Function Levies                                                                                 12                 44-45

 

Financial Limitations of Committee                                                     12                 46                                

PART 7 – MISCELLANEOUS                                                             12 - 14                                                                      

Patron                                                                                              12                 47                                                        

Guests and Visitors                                                                           12 - 13           48-50                                                   

Responsibility for Hospitality                                                             13                 51                                                        

Communications with the Media and Deputations                                13                 52                                            

The Seal                                                                                           13                 53-55   

 

Public Officer                                                                                    13                 56        

 

Changes to the Constitution                                                               14                 57        

 

Winding-up of the Association                                                           14                 58-59   

 

Distribution of the Constitution                                                           14                 60

 

Assistance, Protection and Changes under the Act                             14                 61        

 

 

 CONSTITUTION

OF THE ROYAL AUSTRALIAN REGIMENT ASSOCIATION

(SOUTH AUSTRALIA) INCORPORATED

 

CERTIFICATE OF RATIFICATION

 

The following Constitution of The Royal Australian Regiment Association, (South Australia) Incorporated, which was ratified by the general meeting of the Association at its Club Rooms, 13 Beatty Street, Linden Park SA 5065 on the………………2010 ,and incorporated by Certificate Number............................dated................................., supersedes all earlier dated Constitutions.

 

Certified on behalf of the Association members by:

 __________________                                         __________________

Michael von Berg, MC                                       Robert Whinnen

President                                                                      Secretary

 Date______________                                         Date_______________

 

 CONSTITUTION OF THE RAR ASSOCIATION (SA) INC

RECORD OF AMENDMENTS

Amendment Number	Page or Manuscript Amendment	Details of Amendment	Entered By	Date Entered	Minute Date/Number Remarks

 

 

 

 

 

CONSTITUTION

OF THE ROYAL AUSTRALIAN REGIMENT ASSOCIATION (SOUTH AUSTRALIA) INCORPORATED

PART 1 – GENERAL

Title and Organisation

1. The full title of the Association shall be “The Royal Australian Regiment Association (South Australia) Incorporated” and the abbreviated title shall be “The RAR Association (SA) Inc”, hereafter referred to as “The Association”.

 

1. The Association is a not-for-profit organization and is an autonomous branch of The Royal Australian Regiment Association and shares similar objectives to those of the national body.

Local Rules

1. To assist in the day to day operations and administration of the Association, local rules may be promulgated, providing that those rules do not contravene this Constitution.

 

 

PART 2 – OBJECTIVES OF THE ASSOCIATION

Objectives

1. The Association is established for the mutual benefit of its members. To this end the objectives are to;

 

1. perpetuate the close bonds of comradeship and esprit de corps created by military service;

 

1. assist in the welfare of needy members;

 

1. protect the good name and the interests of the Royal Australian Regiment and preserve the memory of those members of the Regiment who died on active service;

 

1. encourage the involvement of members in community activities and reduce isolation;

 

1. plan, organise and conduct events related to the Regiment, and

 

1. develop an Association view on matters of interest.

 

PART 3 – MEMBERSHIP

 

Classes of Members

1. The Association consists of four classes of members, i.e.:

 

1. ordinary members;

 

1. associate members;

 

1. honorary members, and

 

1. life members.

 

Ordinary Members

 

1. A person eligible to be an ordinary member is one who either:

 

1. served with 65^th, 66^th or 67^th Australian Infantry Battalions; or

 

1. is a serving, or ex-serving member of the Royal Australian Infantry Corps or Royal Australian Regiment; or

 

1. is/was a member of a non-Infantry Corps who has empathy with the Association’s objectives; or

 

1. is/was a member of a philanthropic organisation and has empathy with the Association’s objectives; or

 

1. is the wife/partner or relative of a member and has empathy with the Association’s objectives.

 

Associate Members

1.  A person who is not eligible for ordinary membership may, on application be admitted as an associate member if that person is nominated by an ordinary member and approved by the committee. Associate members have all of the entitlements of an ordinary member.

Honorary Members

1. The committee, on the recommendation of an ordinary member or members, may bestow honorary membership on any person who has performed outstanding service to the Association. An honorary member:

 

1. may attend general meetings, but shall not be entitled to vote or be heard unless invited by the Chairperson;

 

1. shall not be required to pay annual subscriptions but shall be required to pay function levies as charged against other classes of members; and

 

1. shall be entitled to the privileges accorded to ordinary members.

Life Members

1. Life membership may be accorded an ordinary member (or another class of member if appropriate) who has rendered outstanding service to the Association. A recommendation for the award of a life membership shall be considered by the committee and put to a general meeting for ratification. 

 

1. Life members:

 

1. are entitled to the privileges accorded to ordinary members and shall not be required to pay annual subscriptions but will be required to pay function levies as charged against other classes of members, and

 

1. are encouraged to attend general meetings.

 

1.  Purchased life memberships which were granted prior to the adoption of this    Constitution are cancelled.

Resignation of Membership

1. A member in any class of membership who wishes to resign from the Association shall give notice in writing to the secretary.

 

Transferability of Membership

 

1. The privileges and obligations accorded to a member, in any class of membership, shall not be transferred to any other person.

 

Cessation of Membership

 

1. A person shall cease to be a member in any class of membership if the person:

 

1. is non financial;

 

1. is deceased;

 

1. resigns membership; or

 

1. is suspended or expelled from the Association.

Reprimands, Suspensions and Expulsions

1. If, in the opinion of the committee, a member of the Association has been guilty of misconduct, or has acted in a manner contradictory to the objectives of the Association, the committee may:

 

1. counsel the member;

 

1. reprimand the member;

 

1. suspend the member for a period not exceeding 12 months; or

 

1. refer the matter to a general or special general meeting which, by a majority vote, may expel the member from the Association.

 

Right of Appeal

 

1.  A member has the right of appeal in the first instance to the President and an independent arbitrator appointed by the Committee. If the appeal is upheld the member will be reinstated with full rights.

 

1. Any appeal should be addressed to the secretary and lodged in writing within 21 days of the date of suspension.     

 

PART 4 – MANAGEMENT - THE COMMITTEE, SUB-COMMITTEES AND GENERAL MEETINGS

The Committee

1. The management of the Association shall be vested in a committee which is elected by an AGM, supported by other members appointed by the committee, and ex-officio members. The composition of the committee is illustrated in Table 1, below;

 

Table 1 Committee Appointments

 

How Elected	Position	Remarks
Elected at AGM	President	Must be ex RAR member
	Vice- President	Must be ex RAR member
	Secretary
	Treasurer
	Manager – Club
	Manager – Ceremonial	Must be ex service member
	Manager – Welfare and Advocacy
Appointed by Committee	Bar Manager
	Social Member
	Editor – Infantryman
	Membership Officer
	Project Managers
	Webmaster
	Minute Secretary
	Anzac Day Committee Representative
	Other appointments if required.
Ex Officio	Battalion representatives, the Patron and Immediate Past President.

 

Role of the Committee

1.    The role of the committee is to:

 

1. determine policies and ensure that the objectives of the Association are achieved;

 

1. direct, review and assist each sub-committee in achieving its objectives; and

 

1. ensure that all financial and legal obligations under the Associations’ Incorporation Act 1985 (the Act) are complied with.

 

Sub-Committees - General

 

1.   These shall be three sub-committees comprised of the three elected managers who are authorised to co-opt the services of other members and resources needed to achieve the objectives as determined by the committee. The three sub-committees are:

 

1. Club Sub-Committee;

 

1. Ceremonial Sub-Committee; and

 

1.  Welfare and Advocacy Sub-Committee.   

The Club Sub-Committee

1. The Club Sub-Committee shall consist of the elected manager and:

 

1. the bar manager;

 

1. a social member; and

 

1. other members as necessary.

 

1. The role of the Club Sub-Committee shall be determined by the committee and includes:

 

1. bar operations;

 

1. the organising and conducting of social functions;

 

1. the security, management and hiring of the hall; and

 

1. other business as determined by the committee.

The Ceremonial Sub-Committee

1. The Ceremonial Sub-Committee shall consist of the elected manager and co-opted members as required.

 

1. The role of the Ceremonial Sub-Committee shall be determined by the committee and includes:

 

1. assisting in the organisation and conduct of Kapyong Day and Long Tan Day commemorations;

 

1. the organising and conducting of other ceremonial activities as determined by the committee.

The Welfare and Advocacy Sub-Committee

1. The Welfare and Advocacy Sub-Committee shall consist of the elected manager and co-opted members as required.

 

1. The role of the Welfare and Advocacy Sub-Committee shall be as determined by the committee and includes:

 

1. development and implementation of the Association’s welfare and advocacy policy;

 

1. liaison with, and submissions to, various State and Federal Government agencies, the RSL and other ESO and like-minded organisations; and

 

1. the oversight of the operation of the Association’s welfare matters. 

 

Duties of Office Bearers

 

1. The President. The President shall be conversant with, and maintain an oversight of, the duties of all officer bearers.  He is to convene and preside over general meetings and effect liaison with the ex-officio members / associations. (Refer Para 18, Table 1). 

 

1. The Vice President. The Vice President shall assist the President in the performance of his duties, understudy the President, chair meetings when required, and perform other duties as directed by the President.

 

1. The Other Office Bearers. The duties of the other office bearers are as determined by the committee.

Casual Committee Vacancies

1. A casual vacancy is created when an elected position becomes vacant other than at an AGM. Under these circumstances the committee may appoint a member to the position. The appointee shall then be confirmed, or otherwise, at the next AGM, or an SGM if appropriate.

Frequency of Committee and Sub-Committee Meetings

1. The committee shall convene not less frequently than monthly.

 

1. The sub-committees shall convene as required and the manager of each sub-committee shall report to the monthly committee meetings.

General Meetings

1. The term ‘general meeting’ may denote:

 

1. an annual general meeting (AGM); or

 

1. a special general meeting (SGM).

 

1. An AGM is the meeting at which the business of the previous 12 months is reviewed, and includes the election of office bearers, after all positions have been  declared vacant.
2. The committee is to schedule an AGM in July of each year, (preferably not during the first week) with the following limitations; 
   1. Notice of an AGM or (SGM) is to be advised to members at least 21 days before the meeting date, and
   2. Before a general meeting can proceed, a quorum shall be present. If a quorum is not present, the meeting should be adjourned to another date. The quorums required for meetings are shown at paragraph 38.
   3. An SGM may be convened to transact limited special/urgent items of business which cannot wait until the next AGM. The President may call a SGM of the Association as and when deemed necessary or on receiving a requisition to do so, signed by not less than ten ordinary members of the Association.

 

PART 5 – VOTING AT MEETINGS, QUORUMS AND APOLOGIES

 

Voting at Meetings

 

1. At any meeting where a vote is required on a motion:

 

1. the meeting shall have a quorum;

 

1. a member is entitled to vote only if that member is a financial ordinary or life member;

 

1. each financial ordinary or life member may deliver one vote only on each motion;

 

1. where the aye and nay votes are equal in number, the chairman shall exercise a casting vote;

 

1. the chairman shall not have a direct vote on any motion; and

 

1. proxy votes on special motions, such as ‘changes to the Constitution’ or ‘winding up’, may be appropriate if determined by the committee.

Quorums

1. The required quorums before any business can be transacted, or  resolutions passed, shall be as follows:

 

1.  Committee Meetings. A minimum of seven of its elected, appointed and ex-officio members is required to be present, presided over by the chairman of the meeting or his delegate.

 

1. General or Special General Meetings. A minimum of fifteen financial ordinary members is required, except as stated in paragraphs 57, presided over by the president or his delegate.  This figure may include proxy votes if approved.

 

Apologies

 

1.  Where a member is unable to attend a general meeting of which the member has been advised, the member is encouraged to offer an apology to the secretary. 

 

 

PART 6 – FINANCIAL MATTERS

Sources of Income

40.       The Association’s income is derived from the following sources; i.e.:

 

1. annual subscriptions;

 

1. bar sales;

 

1. donations and grants; and

 

1. fundraising activities.

 

Annual Subscriptions

1. Ordinary and associate members shall pay an annual subscription as determined by the committee, for the period 1^st July to 30^th June.

 

1.  Subscriptions shall be paid not later than 30^th June of each year, to secure membership for the following financial year. Failure to pay the annual subscription within six months of the due date, may invoke revocation of membership.

 

43.        Honorary and life members are not required to pay annual subscriptions.

 

Function Levies

1. A levy shall normally be charged to cover the cost of individual social functions. The levy shall be determined by the committee and shall be charged against all classes of members, and members’ private guests.
2. Official guests should not normally be charged a function levy which will be borne by the Association.

 

Financial Limitations of Committee

 

1. For other than daily operating expenses, the committee is empowered to spend up to an amount as approved by a General Meeting for urgently required repairs, maintenance and purchase of equipment. Such expenditure is to be reported on at each Committee Meeting.

 

 

PART 7 – MISCELLANEOUS

Patron

1. The Association may invite a person deemed appropriate to become the Patron of the Association.

Guests and Visitors

1. Official Guests.  An official guest is one who is invited by the Association to an activity. The Association shall provide a host.

 

1. Private Guests.  A private guest is one who is invited to an activity by a member (in any class of membership). The inviting member is the guest’s host, and as such, responsible for ensuring that the guest:

 

1.  is greeted on arrival and requested to sign the visitors’ book, 

 

1.  is introduced to the President or his representative and the other members,

 

1.  does not cause embarrassment, and

 

1.  leaves the activity with the host member.

 

1. Visitors.  A visitor is one who arrives at the Club with or without warning. The visitor should be accorded the normal hospitality recognised in the Club. In the event that the visitor causes embarrassment, any disciplinary or remedial action is the responsibility of:

 

a.  the member whom the visitor came to see; or

 

b. the senior committee member, if the visitor represents an organisation.  

Responsibility for Hospitality

1. Notwithstanding the primary responsibility of hosts, every member present should make guests and visitors feel welcome and comfortable in the club environment.

Communications with the Media and Deputations

1. A member, purporting to act on behalf of the Association, shall not supply any information to the media or other organisation, nor take part in any deputation to any Minister of State or any government or parliamentary official on any matter relating to the Association, unless authorised by the committee.

 

The Seal

 

1. An incorporated association is to have a common seal, which shall include its corporate name in legibile characters.

 

1.  The affixing of the seal for contracts and other association documentation which may bear the seal are dealt with in Sections 26(1) (a) and 63(5) of the Associations’ Incorporation Act 1985 (the Act).

 

1. The seal:

 

1. is not to be used without the authorization of the committee;

 

1. is to be affixed under witness of two senior committee members; and

 

1. is to have each of the uses recorded in the minute book and seal register.

 

1. is to be kept secure by the secretary or public officer.

 

Public Officer

 

1. In accordance with Section 56 of the Act the Association shall appoint a public officer.

 

 

Changes to the Constitution

 

1. Changes to the Constitution may only be effected by a special resolution passed at a duly convened meeting where:

 

1. at least 21 days’ notice is given in writing to the members, specifying the intention to propose the change(s); and

 

1. the resolution to effect change(s) to the Constitution shall be passed by a majority vote of a quorum of not less than three quarters of the financial ordinary members, present and/or by proxy vote.

 

Winding-up of the Association

 

1. In the event of the Association requiring to-wind up its affairs, a duly constituted general meeting is to be convened, with at least 21 days notice being given to the members, with the notice to include the proposed special resolutions to be discussed. The resolutions shall be decided by a majority vote of a quorum of not less than three quarters of the financial ordinary members, present and/or by proxy vote. The special resolutions are for:

 

a.   the official winding-up decision; and

 

b.  the disposal of surplus assets and income remaining after liabilities has been satisfied, taking into account the limitations shown in paragraph 58, below.

 

1. Any surplus assets and income are not to be distributed directly, or indirectly, to any member, except as a bona fide remuneration for expenses incurred, and services rendered, on behalf of the Association. The surplus may be distributed to any organization(s) which has similar objectives, and has the rules which prohibit the distribution of assets and income to members. Alternatively, the surplus may be distributed to nominated charities.

Distribution of the Constitution

1. This Constitution will normally be available for downloading from the internet. Where this is impracticable a printed copy may be issued or loaned on request.

Assistance, Protection and Changes under the Act

1. In accordance with the Associations Incorporated Act 1985,  the RAR Association, SA , as an incorporated association:

a.   may request assistance/protection from the Office of Consumer and Business Affairs, South Australia (the Office); and

b.  is required to submit to the Office any changes, such as amendments to the Constitution or change of public officers, within one month of a resolution/decision. 

 

Last Updated on Wednesday, 14 July 2010 20:56