Crested Breeds Club of Australia

constitution

Constitution and Rules of Conduct of the Crested Breeds Club of Australia

1. Name and Purpose
(1.1) The name of this incorporated association is “Crested Breeds Club of Australia”.

(1.2) The aims of the Club are to encourage the preservation, breeding and exhibiting of Crested Breeds within Australia in accordance with the Australian Poultry Standards.

2. Definitions
In this constitution the following words are defined:
“Club” means the incorporated association registered as the “Crested Breeds Club of Australia”
“member” means a fully paid financial member of the Club
“CAV” means Consumer Affairs Victoria
“Act” means the CAV Association Incorporation Act 1981
“AGM” means Annual General Meeting
“SGM” means special general meeting
“Committee” means an officer of the Club
“should” means we will aim to

3. Alterations to the constitution
(3.1) This constitution may be altered rescinded or added to; these changes must be in accordance with the Act and also passed by three quarters of the members at the AGM (either in person or via proxy).

(3.2) Any proposed changes or alterations must be sent, in writing (either via post or electronically), to all Club members prior to the AGM of the Club.

(3.3) These changes will be sent with a minimum of 21 days notice prior to the AGM to ensure adequate written notice is given to all members.

(3.4) An appropriate entry must be added to the AGM agenda.

4. Membership
(4.1) An application must be made in writing on the “Application for Membership” form and lodged with the Club Secretary and be accompanied by the appropriate membership fee. As soon as practicable after receipt of the application form, the Secretary must notify the nominee, in writing, that they have been accepted and welcome them to the Club. The Secretary must then enter the member’s name and details in the register of members. The Club membership year runs from 19th August to the 18th August. All fees are due on or before the 19th August.

(4.2)The Committee has the right to refuse an application, when this occurs the Secretary must inform the applicant in writing that the application has been rejected.

(4.3) Types of membership
(a) Adult membership.
This may be a single person, a couple, a family or a designated group (eg a school or another club). One membership entitles the member/s to one Newsletter each quarter and to one vote per membership at the AGM.
(b) Junior membership.
This is any person up to and including 16 years of age at the date of joining or renewing Club membership, with the same entitlements as full members as listed above.
(c) Honorary life membership – no fee payable.
Any Club member to receive this honour must be in the Club a minimum of ten years continuous membership and be nominated by three full Club members, each with a minimum of three years continuous membership. This nomination must then be voted upon at the next AGM of the Club, unless the nomination is withdrawn beforehand.

(4.4) Membership Fees
As set from time to time by a vote of the members at the AGM by a majority decision. Such changes will not be effective immediately but date from the start of the following membership year.

(4.5) Renewal of membership
Each year a copy of the Membership Renewal Form shall be sent to each member with the Winter/June Newsletter. All members are required to complete the membership renewal form and post it, with their yearly subscription, to the Club Secretary before the 19th August each year. Any member not complying will receive one further notice, to be sent to that member with the Spring/September Newsletter. If their subscription is not received within thirty days from the date of postage of the Spring/September Newsletter they will be deemed to have resigned from the Club and all their details will be removed from the current membership list forthwith.

(4.6) Cessation of membership
All rights, privileges or obligations of a member are not capable of being transferred to another person and terminates upon the cessation of membership. A person ceases to be a member of the Club if the person dies, resigns membership, or is expelled from the Club.

(4.7) Resignation of membership
A member of the Club who has paid all amounts due by the member to the Club may resign from membership of the Club at any time by notifying the Secretary with one months notice in writing of the intention to resign. The Secretary must make an appropriate entry in the register of members. No refund of the yearly subscription will be given to any member at any time.

5. Register of members
(5.1) The Club Secretary must establish and maintain a register of Club members specifying the name and address, contact details and the date on which the person became a member.

(5.2) This register will also contain details of all types and colours of Crested Breeds owned by the member, plus information about other breeds of poultry kept, as per details contained in the membership application or subsequent renewal forms.

(5.3) However, members do have the right to ask that some or all of their contact details be withheld from the published list.

(5.4) This register of members must be kept up-to-date by the Club Secretary and is available for inspection by any member upon request. A member may view the register at any reasonable time at the Secretary’s convenience.

6. Conduct
A member will comply by the constitution of the Club and will not act in a way that will result in unlawful activities, nor engage in abusive language or actions, or conduct unbecoming a member or be prejudicial to the interests or name of the Club.

7. Complaints
(7.1) A complaint may be made to the Committee by any person with regard to any member of the Club:
(a) Who has persistently refused or neglected to comply with provisions contained in this Constitution.
(b) Who has persistently and wilfully acted in a manner prejudicial to the interests of the Club.

(7.2) On receiving such a complaint, the Committee:
(a) Must cause notice of the complaint to be served on the member concerned.
(b) Must give the member twenty one days from the time the notice is served within which to make submissions to the Committee in connection with the complaint.
(c) Must take into consideration any submissions made by the member in connection with the complaint.

8. Disputes and mediation
(8.1) The grievance procedure set out in this rule applies to disputes under these Rules between-
(a) a member and another member; or
(b) a member and the Club

(8.2) The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.

(8.3) 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.

(8.4) 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 a member and another member, 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).

(8.5) A member of the Club can be a mediator.

(8.6) The mediator cannot be a member who is a party to the dispute.

(8.7) The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.

(8.8) The mediator, in conducting the mediation, must –
(a) give all 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.

(8.9) The mediator must not determine the dispute.

(8.10) 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 or otherwise at law.

9. Disciplining of members
(9.1) The Committee may, by resolution, issue a reprimand or, if deemed necessary, expel the member from the Club if, after considering the complaint and any submissions made in connection with the complaint, it is satisfied that the facts alleged in the complaint have been proved.

(9.2) If the Committee expels a member, the Secretary must, within seven days, cause written notice to be given to the member of the action taken and the reasons given by the Committee for taking that action.

(9.3) The member may request an appeal in writing within 14 days.

10. Annual General Meetings
(10.1) The date, time and place of the AGM of the Club are determined by the Committee.

(10.2) The notice sent to members must specify that it is an AGM.

(10.3) The ordinary business of the AGM shall be:

Open AGM.
Confirm minutes from previous AGM or SGM’s
Address or close out any items from the last SGM or AGM
To receive reports from the President's, Secretary and Treasurer
Nominate a returning officer – (cannot be a Committee nominated member)
Accept the resignation of the current Committee
Elect officers of the Club for the next year

(j) Discuss and vote on any changes to the constitution (if required)
(k) Elect a Club Patron or Patrons (if required)
(l) To elect judges, stewards and delegates for any relevant shows, meetings, associations, etc to which the Club is entitled to nominate officials in the year ahead. This may involve nominating judges and stewards for the Sydney Royal and Melbourne Royal, accepting nominations for judges for the Club’s Annual Show and State. This number may be altered or added to at any time
(m) Receive any submissions made by the Committee or Club members, in accordance with the official agenda. e.g. Annual Fees
(n) General or New Business
(o) Close AGM

(10.4) The AGM may conduct any special business of which notice has been given.

(10.5) All accepted changes/decisions made at any AGM become effective immediately, excepting any change in the yearly subscriptions, which shall not take effect until the beginning of the next full membership year.

(10.6) The AGM should be held in conjunction with the Annual Show where possible.

11. Special General Meetings
(11.1) In addition to the AGM, any general meetings may be held. All general meetings other than the AGM are special general meetings (SGM).

(11.2) The Secretary of the Club, at least 21 days before the date fixed for holding a general meeting of the Club, must send to each member of the Club (via post or electronically), a notice stating the place, date and time of the meeting and the nature of the business to be conducted at the meeting. This notice may be via the Club newsletter.

(11.3) The Committee may whenever it thinks fit, convene a SGM of the Club

(11.4) If more than 15 months has elapsed between AGM’s, the Committee must convene a SGM before the expiry of that period.

(11.5) The Committee must, on the request in writing of members representing not less than 5 per cent of the total number of members, convene a SGM of the Club.

(11.6) The request for an SGM must:
(a) state the objects of the meeting,
(b) be signed by the members requesting the meeting,
(c) be sent to the Secretary

(11.7) If the Committee does not call an SGM to be held within one month after the date on which the request is sent to the Secretary, the members making the request may convene a SGM not later than 3 months after that date.

13. Quorums
(13.1) No item of business may be conducted at an AGM, SGM or Committee meeting unless a quorum of members entitled to vote under this constitution is present at the time when the meeting is considering that item.

(13.2) Five members present constitute a quorum at an AGM or SGM.

(13.3) If within half an hour of the appointed time a quorum is not present:
(a) in the case of a meeting convened upon the request of members- the meeting must be dissolved,
(b) in any other case – the meeting shall stand adjourned for one week (same time, same place).

(13.4) If at the adjourned meeting the quorum is still not present, within half an hour after the time appointed for the commencement of the meeting, then the quorum will represent 3 members.

(13.5) Quorum for Committee meetings - any 3 members of the Committee (if a person holds more than one Committee positions they are only counted as one member.)

14. Voting
(14.1) Upon any questions arising at a general meeting of the Club, a member has one vote.
(a)In the case of joint, family or group membership one person should be appointed to vote on all issues.

(14.2) All votes must be given personally or by proxy, but no member, except the Secretary, may hold more than five proxies.

(14.3) 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.

(14.4) All voting must have a resolution declared by the Chairperson and must be minuted.

(14.5) Each member is entitled to appoint another member as a proxy by notice given to the Secretary no later than 24 hours before the time of the meeting.

(14.6) Answering a question or motion arising at an SGM or AGM is to be determined on a show of hands unless before the declaration of the show of hands a secret ballot is demanded. At an SGM or AGM a secret ballot may be demanded by the chairperson or by at any member present in person or by proxy at the meeting.

15. Committee of Management
(15.1) The Committee is to be called the “Committee of the Crested Breeds Club of Australia”, and
(a) Is to control and manage the affairs of the Club.
(b) Will carry out such functions as may be set out in this Constitution.
(c) Has the power to perform all such acts and do all such things that appeared to the Committee to be necessary or desirable for the proper management of the affairs of the Club.

(15.2) The Committee shall consist of:
(a) President.
(b) Vice President.
(c) Secretary.
(d) Treasurer.
(e) Editor.
(f) Web master.
(g) Annual Show Secretary.
(h) Public Officer.
(i) Merchandising Officer
(j) State Liaisons – VIC, NSW, QLD, SA, TAS, WA, NT.
(k) Junior Liaison

(15.3) Four individual members must hold Committee positions (a) through to (d). Positions (e) through to (k) may be held by a Committee position holder (a-d), the same member or individual members. Position (k) should be held by a Junior member.

(15.4) Each member of the Committee is to hold office until the beginning of the AGM following the date of the member’s election, but is then eligible for re-election.

(15.5) In the event of a casual vacancy occurring in the Committee, the Committee may appoint a member of the Club to fill that vacancy if required and the member so appointed is to hold office until the conclusion of the next AGM following that appointment.

(15.6) The Committee must meet 3 times in each year.

16. Election of Committee members
(16.1) Nominations of candidates for election as Committee Members of the Club:
(a) Candidates must be a member
(b) Should be made in writing (preferably on the Nomination Form), signed by a current Club member and seconded by a Club member, must also have the consent of the nominated candidate.
(c) Should be delivered to the Secretary of the Club before the date identified within the newsletter on the notice of AGM at which the election is to take place.
(d) Should this not occur the Club Secretary will accept written or oral nominations on the day of AGM up until the time of the actual election being held for the relevant position.

(16.2) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated are automatically elected.

(16.3) If the number of nominations received exceeds the number of vacancies to be filled, a ballot must be held.

(16.4) If insufficient nominations are received to fill all vacancies on the Committee, further nominations are able to be received at the AGM, any vacant positions remaining on the Committee are taken to be casual vacancies.

(16.5) The ballot for the election of Committee members is to be conducted at the AGM in such usual and proper manner as the Committee may direct. The returning officer shall take the chair and conduct the elections in an orderly manner.

17. Committee Members
(17.1) All Committee members shall assist in the promotion and advancement of the Club.

(17.2) President
The President shall preside at all meetings, and conduct them according to the Constitution and rules of the Club. He or she shall enforce due observance of this Constitution, decide all questions of order and perform all other duties pertaining to the office of President.

(17.3) Vice-President
The Vice-President shall assume all the duties of the President in his or her absence.

(17.4) Secretary
The Secretary of the Club must, as soon as practicable after being appointed as Secretary, lodge notice with all appropriate authorities details of his or her address and any change in any of the Committee positions of the Club. The Secretary is also responsible for the day-to-day running of the Club, including the receipt and despatch of mail. A log of mail received and sent must be maintained at all times. The Secretary must also maintain and make available free of charge to anyone requesting it the Club’s printed “Information Kit”. The Secretary is required to write an interim report for inclusion in each quarterly Club Newsletter and must keep members up-to-date on all matters pertaining to Club affairs. The Secretary is the custodian of the Club archives and all other Club publications. It shall be the duty of the Secretary to keep a copy the Constitution of the Club and have the same with him or her at every meeting and permit it to be consulted by members upon request. A copy of the Club Constitution must also be forwarded to every new member of the Club. It is the also the duty of the Secretary to keep minutes of:
(a) All appointments of members to the Committee
(b) The names of ordinary members and members of the Committee and visitors present at a Committee meeting, SGM or AGM.
(c) All proceedings at Committee meetings, SGM’s or AGM.

(17.5) Treasurer
It is the duty of the treasurer of the Club to ensure:
(a) That all money due to the Club is collected and received and that all payments authorised by the Club are made.
(b) That correct books and accounts are kept showing the financial affairs of the Club, including full details of all receipts and expenditure connected with the activities of the Club.
(c) That an interim Treasurer’s Report be provided for inclusion in each quarterly Club Newsletter.
(d) That an Annual Treasurer’s Report for the period 19th August to the 18th August be compiled and included in the Spring/September Newsletter each year.
(e) That a full costing of all official Club Shows be compiled for inclusion in the Club Newsletter.

(17.6) Editor
The Editor shall be responsible for producing a quality quarterly Club Newsletter with the intention that it be posted Winter/June, Spring/September, Summer/December and Autumn/March each year.
(a) Each Newsletter must contain reports that may be obtained from other Club or Committee members. These shall include: President’s Report, Secretary’s Report, Treasurer’s Report, Correspondence received and sent (abbreviated summary) and a welcome to all new members.
(b) The June Newsletter will contain a membership renewal form.
(c) The December Newsletter shall contain a full membership listing for the current Club year and also a copy of the official Agenda for the AGM of the Club.
.
(d) Each March Newsletter should have the schedule and classes for the Annual Shows (this may possibly be published in the December Newsletter if already decided).
(e) It is also expected that information on various upcoming shows, plus show reports, shall be included in the appropriate Newsletters as well as informative articles and information on any topics considered appropriate for such a Newsletter.

(17.7) Web Master
The Web Master shall keep the web site up to date with a copy of the constitution, application for membership and renewal forms, club listing (of the members who have agreed to be on there) as well as content that has been deemed relevant by the Committee.

(17.8) Annual Show Secretary
(a) The Annual Show Secretary shall be responsible for the running of the Club’s Annual Show.
(b) With the proposed budget allowance (this is set out by the Committee of the Club) should ensure efficient running, both beforehand and on the day, of the Annual Show. This shall generally consist of preparing the show schedule and classes for inclusion in the Newsletters, organising the purchase of the necessary trophies and/or prizes, allocating duties to any Assistant Annual Show Secretary (one or more as required) and any stewards required to assist the judges.
(c) On the day of the Show the Annual Show Secretary shall have sufficient authority to ensure the smooth running of all aspects of the Show and is entitled to enlist the aid of any person or persons required to attain these objectives.
(d) His or her duties will be to co-ordinate with the Merchandising Officer for potential sales within the shows.

(17.9) Public Officer
As required by the CAV requirements at Consumer Affairs, a copy can be requested from the Secretary.

(17.10) Merchandising Officer
(a) The Merchandising Officer will be in charge of the Club’s merchandise, this may include (but not limited to, books, caps and shirts).
(b) Will work with the Treasurer to ensure a record is kept with the available merchandise and financial transactions.

(17.11) State Liaisons
(a) All states and territories will have a State Liaison, if there is a state or territory vacant, the closest state liaison will be appointed.
(b) Will organise a state show with a feature breed each year – in coordination with the Show Secretary
(c) When the AGM is in their state, they will organise the event.
(d) Will advise the Secretary of any local shows in their state to be advertised in the newsletters and advise of any member’s successes at the shows.

(17.12) Junior Liaison
This position should be held by a Junior member who is willing to assist other Junior or potential Junior members.

(17.13) Casual vacancies
For the purposes of this Constitution a casual vacancy in the Committee occurs if the member dies, ceases to be a member of the Club, resigns office by notice in writing given to the Secretary, is removed from office by the Club, or becomes incapacitated.

(17.14) Removal of a Committee member
The Club at any SGM or AGM may by resolution remove any member of the Committee from office before the expiration of the member’s term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the member so removed. This may only be effected by a two-thirds majority vote of those present at the meeting.

18. Committee Meetings
(18.1) Any two members of the Committee may call for a Committee meeting to be held at such time and place as the Committee may determine.

(18.2) Oral or written notice of a meeting of the Committee must be given by the Secretary to each member of the Committee at least twenty one days before the time appointed for the holding of an official Committee meeting. Notice of a meeting must specify the general nature of the business to be discussed at the meeting.

(18.3) Any three members of the Committee constitute a quorum for the transaction of business at a meeting of the Committee. No business is to be transacted by the Committee unless a quorum is present.

(18.4) Questions arising at a meeting of the Committee or of any sub-Committee appointed by the Committee are to be determined by a majority of the votes of members of the Committee or sub-Committee present at the meeting.

19. Delegation by Committee to a sub-Committee
(19.1) The Committee may, by instructions in writing, delegate to one or more sub-Committees (consisting of such members as the Committee thinks fit) the exercise of such of the functions of the Committee as are specified in that instruction.

(19.2) Any act or thing done by a sub-Committee acting in the exercise of a delegation under this rule has the same force and effect as it would have if it had been done by the Committee.

(19.3) The Committee may, by instructions in writing, revoke wholly or in part any delegation under this rule. A sub-Committee may meet and adjourn as it thinks proper.

20. Official Club Shows
(20.1)The Club will aim to hold one official Australian Show in a rotating state each year. This will be jointly organised by the Show Secretary and the State Liaison. This may be changed or added to at any time at the direction of the Committee.

(20.2) All official Club shows are to be conducted under the rules of the appropriate state authority, with certain exceptions made by the Club, as follows.
(a) A class shall consist of a minimum of six birds.
(b) However, the Committee reserves the right to accept smaller classes if so desired.
(c) The Committee also reserves the right to join classes together to form an Any Other Colour (AOC) class in the event of insufficient entries in any particular class.
(d) If sufficient birds of a single colour are entered in any AOC class the Committee may create an extra class for that colour.
(e) At any time in the future the Committee of the Club may make further changes to the show schedule.

(20.3) Entry fees for Club Shows may be changed at any AGM by a vote of the members. Any such change shall become effective from the date of the next Club show held.

(20.4) The Club allows both adult and junior members exhibitors from the same family or group to show Crested Breeds at any official Club show. There are no restrictions on the type or colour of birds shown by different members of the same family or group. Nor is there a restriction on such birds being shown in the same class by different family or group members. However, only junior members (up to and including 16 years of age) may exhibit birds in the junior section. Junior exhibitors may also enter the open section, but must pay the full adult entry fee for each bird entered.

(20.5) Club perpetual trophies. All perpetual trophies awarded by, or in the hands of, the Club always remain the property and responsibility of the Club. Members who have been awarded perpetual trophies shall be liable to defray the cost of repair to, or replacement of, any perpetual trophies damaged whilst in their possession. Members awarded a Club perpetual trophy must also undertake to return such trophy to the Club at, or preferably at least two weeks before, the show at which it will again be awarded. If a member is not able to guarantee to do this, they will not be permitted to take the perpetual trophy away with them at the conclusion of the show. The perpetual trophy will remain in the hands of the Club until the following year. In addition, Club perpetual trophies may only be awarded to Club members whose subscriptions have been fully paid up. If a person who is not a Club member wins a perpetual trophy that perpetual trophy will remain with the Club until awarded the following year. However, the winner’s name will still be inscribed on that trophy.

21. Funds
(21.1) The funds of the Club are to be derived from annual subscription fees from members, donations, entry fees at Club shows, sale of merchandise and publications, plus any raffles or other competitions that may be held during the year. All money received by the Club must be deposited by the Treasurer as soon as practicable. The Treasurer of the Club must, after receiving any money, issue an appropriate receipt as soon as possible thereafter.

(21.2) The management of funds is subject to any resolution passed by the Club at an SGM or AGM, the funds of the Club are to be used in pursuance of the objects of the Club in such manner as the Committee has decided.
(a) All fund cheques must be signed by two Committee members.

22. Winding up
In the event of the winding up or the cancellation of the incorporation of the Club, the assets of the Club must be disposed of in accordance with the provisions of the Act and will be distributed to either a charitable organisation or another like-minded associated.

23. Custody and inspection of books and records
(23.1) Except as otherwise provided in this constitution, the Secretary must keep in his or her custody or under his or her control all books, documents and securities of the Club.

(23.2) All accounts, books, securities and any other relevant documents of the Club must be available for inspection free of charge by any member upon request.

(23.3) A member may make a copy of any accounts, books, securities and any other relevant documents of the Association and may view them at a reasonable time at the Secretaries convenience.

24. Special resolutions
(24.1) A special resolution must be passed when the Club decides to either, change its name, change the constitution, change its statement of purpose, amalgamate with one or more incorporated associations, or wind up.

(24.2) A special resolution is passed at a meeting if; at least 21 days notice has been given to its members regarding the resolution and details of the meeting; at least three quarters of the members at the meeting vote in favour of the resolution (either in person or via proxy) and the chairperson declares the resolution is carried.

Crested Breeds Club of Australia
Annual General Meeting Agenda

Meeting to start at ……. on ……………….. at the ….………………

Open AGM
Confirm minutes from previous AGM or SGM’s
Address or close out any items from the last SGM or AGM
President's Report
Secretary's Report
Treasurer's Report
Nominate a returning officer – (cannot be a Committee nominated member)
Accept the resignation of the current Committee
Elect officers of the Club for the next year

(a) President.
(b) Vice President.
(c) Secretary.
(d) Treasurer.
(e) Editor.
(f) Web master.
(g) Annual Show Secretary.
(h) Public Officer.
(i) Merchandising Officer
(j) State Liaisons – VIC, NSW, QLD, SA, TAS, WA, NT.
(k) Junior Liaison
(10)     Discuss and vote on any changes to the constitution
(11)     Elect a Club Patron or Patrons
(12)     Elect Judges, Stewards and delegates for the club shows
(13)     Receive any submissions made by the Committee or Club members
(a)
(b)
(c)
(14) General or New Business
(15) Close AGM

2nd February 2007

*** End of the Constitution and Rules of Conduct of the Crested Breeds Club of Australia ***

www.crestedbreeds.com web site last updated on 12th February 2010

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Constitution and Rules of Conduct of the Crested Breeds Club of Australia