1.0        NAME OF ASSOCIATION

1.1       The name of the Association shall be Cracovia Club Inc. (in Polish language “Klub Cracovia").

1.2       In these rules, “the Association” means Cracovia Club Inc.; “the Act” means the Associations Incorporation Act 2015; “the Liquor Act” means the Liquor Licensing Act 1988; “member” means an ordinary financial member of the Club; “associate member” means an ordinary financial member other than ordinary member; “life member” means a non-financial member other than ordinary member and associate member; “the Committee” means the Committee of the Club; “the A.G.M.” means Annual General Meeting; “the E.G.M.” means Extraordinary General Meeting.

1.3       The Club is located at 375 Marshall Road in Bennett Springs (W.A.); postal address 111 Bennett Springs Road, Bennett Springs W.A. 6063.

 

2.0       OBJECTIVES OF THE CLUB

2.1       The objectives of the Club are:

2.1.1     To preserve Polish traditions and language and to cultivate and propagate the Polish cultural heritage;

2.1.2     To promote and foster various sport activities among the Club members;

2.1.3     To promote and foster social and cultural activities among the Club members;

2.1.4     To maintain land and the Club property and provide the clubhouse and other conveniences and facilities for the use of the Club members and their guests;

2.1.5     To act, at all times, on behalf of and in the interest of the Club and its objectives;

2.1.6     To foster loyalty towards the Australian community and endeavour to develop Polish-Australian cultural co-operation.

2.2        The club shall be of a non-political character.

2.3        Cracovia Club Inc. is a not for profit association.

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

 

3.0        MEMBERS OF THE CLUB

3.1        The Club shall consist of not less than fifty ordinary members.

3.2        There shall be three types of Club memberships:

1. Associate membership
2. Ordinary membership
3. Life membership

3.3        Associate member of the Club means a financial member other than ordinary member.

Associate member is entitled to exercise such privileges of the Club as may be provided by the Rules, except they shall not be entitled to speak and vote at any General Meeting of the Club or be elected to the Committee.

Associate membership is open to anyone who:

2. Agrees to actively and continuously promote the Club's objectives by substantial and active contributions as specified in the sub rule 2.

3.4        A person who wishes to become an associate member shall apply for associate membership in writing in such a form as the Committee from time to time directs.

Such application shall be signed by that person and by the proposer and a seconder - both being ordinary members or life members of the Club.

3.5        Ordinary member of the Club (“member”) means a financial member over the age of 18 who is entitled to exercise every right and privilege open to any ordinary member of the Club and shall be entitled to speak and vote at the General Meeting of the Club and be elected to the Committee after 2 years being an ordinary member.

Ordinary membership of the Club is open to any person who:

1. Held an associate membership of the Club for minimum of 12 months; In special circumstances the Committee may shorten this period to 6 months;
2. Agrees to actively and continuously promote the Club's objectives by substantial and active contributions as specified in the sub rule 2.

3.6        The transition from associate membership to ordinary membership is not automatic. A person who wishes to become an ordinary member shall apply in writing to the Committee in such a form as the Committee from time to time directs. Such application shall be signed by that person and by a proposer and a seconder – both being ordinary or life members of the Club.

3.7        All applications shall be posted on the noticeboard of the Club for a period of not less than seven days before election, provided also that an interval of not less than two weeks shall elapse between nomination and election.

3.8        Life member of the Club means a person elected in accordance with the Rules who shall have rendered special services to the Club.

Any ordinary member of the Club may apply to the Committee in writing to recommend another ordinary member to be awarded a life membership, minimum three (3) months before the next General Meeting.

The Committee shall support or reject the application.  Approved application shall be put to a vote at the General Meeting.

Life members shall have full rights reserved for the ordinary membership, including the right to vote. Life members are also obligated to actively and continuously promote and support the Club's objectives by substantial and active contributions.

If a life member does not adhere to the Club's objectives or his/her behaviour is detrimental to the well being of the Club, his/her membership may be revoked without notice.

Number of life members shall not be greater than 20% of ordinary members.

3.9        The Committee shall consider each application for membership made under the sub-rules 3.3 and 3.5 at a Committee meeting and shall accept or reject that application. No reason will be given for rejected applications.

3.10      A defined annual subscription fees shall be payable in advance by ordinary and associate member.

3.11      The membership fees for the Association shall be a sum such as is determined by the Committee.

3.12      Each member and associate member shall pay subscription to the Treasurer annually before 1 July being a new financial year. A member whose membership fee is not paid within 4 months after 1st of July ceases to be a member of the Club.

3.13      It is a rule that a Club member cannot be paid or employed by the Club and vice versa, a Club employee cannot become a member of the Club.

This rule does not apply to a member of the Club who has been contracted for particular work and whose quote for that work is lower than that of other tradesmen.

 

4.0        TERMINATION OF MEMBERSHIP OF THE ASSOCIATION

Membership of the Association may be terminated upon:

4.1        Receipt by the Secretary of a notice (in writing) of resignation from a member.

4.2        Non-payment by a member of his/her subscription (clause 3.11).

4.3        Expulsion of a member in accordance with rule 5.

 

5.0        EXPULSION OR SUSPENSION OF MEMBER

If the Committee considers that a member should be expelled from the membership of the Club because his/her conduct is detrimental to the interests and objectives of the Club, the Committee shall communicate in writing to that member:

1. Notice of the proposed expulsion and of the time, date and place of the Committee meeting at which the issue of the expulsion will be decided;
2. Particulars of that conduct, not less than 21 days before the date of the Committee meeting referred to in previous point;
3. The member, or their representative, may attend the meeting and be given a reasonable opportunity to make written or oral (or both) submissions to the Committee about the proposed suspension or expulsion.

Any such member, who in the opinion of the Committee does not adhere to the rules of the Club, shall then be suspended by a two-thirds majority vote of the Committee.

A decision of the Committee to suspend the member’s membership or to expel the member from the Association takes immediate effect.

5.1        Expelled member shall have the right to appeal, within 14 days, from the decision of the Committee to the` next General Meeting or  request  the appointment of a mediator .The member who appeals does not cease to be a member until the decision of the Committee to expel him/her is confirmed by the General Meeting.

5.2        A member who in the opinion of the Committee does not adhere to the rules of the Club shall be suspended by two-thirds majority vote of the Committee. The suspension shall not exceed a 12 month period. Suspended member shall have no right to appeal.

 

6.0      RESOLVING DISPUTES

The grievance procedure applies to disputes between members, or between one or more members and the Association.  The parties to a dispute must attempt to resolve the dispute between themselves within 21 days after the dispute has come to the attention of each party.

6.1        If the parties to a dispute are unable to resolve the dispute between themselves within 21 days, any party to the dispute may start the grievance procedure by giving written notice to the Secretary stating the parties to the dispute and the matters that are the subject of the dispute.

6.2        Within 28 days after the Secretary is given the notice, a Committee meeting must be convened to consider and determine the dispute.

6.3        The Secretary must give each party to the dispute written notice of the Committee meeting at which the dispute is to be considered and determined at least 7 days before the Committee meeting is held.

6.4         The notice given to each party to the dispute must state when and where the Committee meeting is to be held and that the party, or the party’s representative, may attend the Committee meeting and will be given a reasonable opportunity to make written or oral (or both written and oral) submissions to the Committee about the dispute.

6.5        If the dispute is between one or more members and the Association and any party to the dispute gives written notice to the Secretary stating that the party does not agree to the dispute being determined by the Committee, and requests the appointment of a mediator, the Committee must not determine the dispute.

6.6        Determination of dispute by Committee:  

At the Committee meeting at which the dispute is to be considered and determined, the Committee must:

1. Give each party to the dispute, or the party’s representative, a reasonable opportunity to make written or oral (or both written and oral) submissions to the Committee about the dispute; and,
2. Give due consideration to any submissions so made; and
3. Determine the dispute.

The Committee must give each party to the dispute written notice of the Committee’s determination, and     the reasons for the determination, within 7 days after the Committee meeting at which the determination is made.

A party to the dispute may, within 14 days after receiving notice of the Committee’s determination, give written notice to the Secretary requesting the appointment of mediator.

If notice is given, each party to the dispute is party to the mediation.

6.7        Appointment of a mediator:

The mediator must be a person chosen:

(a)        If the appointment of a mediator was requested by a member – by agreement between the member and the Committee; or,

(b)        If the appointment of a mediator was requested by a party to a dispute – by agreement between the parties to a dispute.

If there is not agreement in accordance with (6.7) (a) or (b) the Committee must appoint the mediator.

The person appointed as a mediator by the Committee must be a person who acts as a mediator for another not-for-profit body, such as a community legal centre, if the appointment of a mediator was requested by a member, a party to a dispute and the dispute is between one or more members and the Association.

The person appointed as mediator by the Committee may be a member or a former member of the Association but must not:

(a)        Have a personal interest in the matter that is the subject of the mediation; or

(b)        Be biased in favour of or against any party to the mediation.

6.8        Mediation process:

(a)        The parties to the mediation must attempt in good faith to settle the matter that is the subject of the mediation.

(b)        Each party to the mediation must give the mediator a written statement of the issues that need to be considered at the mediation at least 12 days before the mediation takes place.

(c)        In conducting the mediation, the mediator must:

1. Give each party to the mediation every opportunity to be heard; and,
2. Allow each party to the mediation to give due consideration to any written statement given by another party; and,
3. Ensure that natural justice is given to the parties of the mediation throughout the mediation process.

(d)        The mediator cannot determine the matter that is the subject of the mediation.

(e)        The mediation must be confidential and any information given at the mediation cannot be used in any other proceedings that take place in relation to the matter that is the subject of the mediation.

(f)        The costs of the mediation are to be paid by the party or parties to the mediation that requested the appointment of the mediator.

6.9      Consequences of suspension:

During the period a member’s membership is suspended, the member loses any rights (including voting rights) arising as a result of membership; and is not entitled to a refund, relief of credit for membership fees paid, or payable, to the Association.

When a member’s membership is suspended, the Secretary must record in the register of members that the member’s membership is suspended, and the date on which the suspension takes effect; and the period of the suspension.

When the period of the suspension ends, the Secretary must record in the register of members that the member’s membership is no longer suspended.

 

7.0        REGISTER OF CLUB MEMBERS

7.1        The Secretary shall on behalf of the Club keep and maintain the register of Club members in respect of each type of membership, in accordance with the Act and the Liquor Act. The register must be available for inspection at all times at the Club premises.

7.2        The Secretary shall delete the name of a person who dies or ceases to be a member of the Club under the rule 4.

7.3        The register shall be open for inspection by any member who previously applies to the Secretary for such inspection.  If a member inspecting the register of members’ wishes to make a copy of, or take an extract from the register, the Committee may require the member to provide a statutory declaration setting out the purpose for which the copy of the extract is required and declaring that the purpose is connected with the affairs of the Association.  The member may also be charged a fee for a copy of the register.

7.4        The Register of members must include each member’s name and a residential, postal or email address.

 

8.0        GUESTS

8.1        The maximum number of guests per member per day for the purpose of section 48 (4)(b) of the Liquor Act is three (3).

8.2        The member inviting the guest shall be responsible for the proper conduct of the guest whilst on the Club premises.

8.3        A guest shall be supplied with liquor to be consumed on the Club premises only.

8.4        A member may, at his/her expense, and with the approval of the Committee, supply liquor to guests, without limitations at to number, at a function held by or on behalf of that member, at the Club premises.

8.5        Any person who has been refused membership of the Club or who is under the suspension or expulsion from the Club shall not be admitted as a guest of any member of the Club.

 

9.0        CONTROLLING AUTHORITY

9.1        The Controlling Authority of the Club shall be:

1. The General Meeting which shall be the highest authority in the Club (see section 10)
2. The Committee of the Club (see section 11)
3. The Auditor of the Club (see section 12)

 

10.0      THE GENERAL MEETING

10.1      There are three (3) types of General Meetings:

1. Annual General Meeting (A.G.M)
2. Extraordinary General Meeting
3. Electoral General Meeting

10.2      A.G.M. shall be convened annually no later than 6 months after the end of Club’s financial year being the standard fiscal year from 1 July to 30 June.

Every second year, A.G.M. will also be the Electoral General Meeting.

The Extraordinary General Meeting shall be convened by the Committee on the resolution of the Committee or if requested by at least 20% of the Club members as per number registered at the last A.G.M. or on request of the Auditor.

10.3      The Committee then has 28 days to call the meeting.

10.4       Participants in the General Meetings shall be Club members only. Members with the right to vote (each          member shall have one vote) and associate members without the right to vote.

10.5      The discharging by a member of the annual subscription or other financial obligation to the Club is the essential condition for admission to the General Meeting and the Extraordinary General Meeting

10.6      General Meeting shall have the following powers:

1. To determine guidelines for development of activities of the Club;
2. To receive and approve the reports of the Controlling Authorities of the Club;
3. To elect the President of the Club;
   1. General Meeting shall decide on the method of voting - an open vote or a secret ballot;
4. To approve Committee members chosen by the newly elected President;
5. To approve life memberships proposed by the Committee;
6. To confirm or dismiss expulsion by the Committee of any members;
7. To amend the rules;
8. To vote on the dissolution of the Club;
9. To decide on all matters affecting the Club, which are not restricted to other Controlling Authorities.

10.7      General Meeting shall be validly assembled if was convened by the Committee according with the rules; and at least one third of all ordinary and life members as per number registered at the last A.G.M. are present. If the quorum is not reached, the meeting shall begin half an hour later on the same day and in the same place and shall be valid regardless of the number of ordinary and life members present.

10.8     Resolutions of the General Meeting shall be carried, if passed by a majority of votes unless otherwise stipulated by the rules.

10.9      The yearly ordinary A.G.M., the Electoral General Meeting and the Extraordinary General Meeting shall be chaired by the President of the Club, Vice-President or any member of the Committee.  Two Assessors shall be elected at the meeting.            The Secretary shall be appointed by the Chairman of the meeting.

10.10    The General Meeting shall be convened by the Committee of the Club. The notice of the meeting, including the proposed agenda and a copy of the auditor’s report shall be mailed to members at least 14 days before the nominated date.

10.11    Any business items should be specified on the agenda with no new business being raised at the Annual General Meeting

10.12    The rules governing the Extraordinary General Meeting shall be the same as those for the Annual General Meeting.

 

11.0      THE COMMITTEE OF THE CLUB

11.1      The affairs of the Club shall be managed exclusively by the Committee and the following office bearers elected and approved by the Annual General Meeting, which consist of:

1. President;
2. Two Vice-Presidents;
3. Secretary and Assistant Secretary;
4. Treasurer and Assistant Treasurer; and
5. Eight Committee members;

11.2      The Committee shall be in office for a two year term.

11.3      A member will be prohibited from sitting on the Committee if they:

1. are an undischarged bankrupt or whose affairs are under insolvency law,
2. been convicted with an offence involving fraud or dishonesty punishable on conviction by 3 months or more imprisonment; and
3. have been convicted of an offence in connection with the promotion, formation of management of a body corporate, including duties under the new law.

11.4      Any member of the Committee may resign from his/her position by expressing his/her intention to resign to the Committee.

11.5      A member of the Committee may be removed from the office if his/her conduct is deemed detrimental to the smooth running of the Committee. Such member may be removed from the Committee by the resolution of the majority of the Committee members.

11.6      If a member of the Committee fails to attend three (3) meetings of the Committee during the financial year, without a valid reason, such member may be removed by the resolution of the majority of the Committee members.

11.7      The Committee may appoint another member to any position of the Committee, which becomes vacant for any reason. Maximum of five (5) changes to Committee members is permitted during one financial year.

11.8      The Committee has the right to co opt two further members of the Committee.

11.9      The power and responsibilities of the Committee shall be:

1. to manage the activities and finances of the Club
2. to convene and prepare the A.G.M
3. to admit new members to the Club or suspend or/and expel any members
4. when necessary to appoint sub committees, representative bodies and all such institutions which may facilitate the realization of the aims of the Club. Chair of any such sub-committee shall be the member of the Committee.

11.10    The meeting of the Committee shall be convened by the President when deemed necessary, but at least once every second month.

11.11    The President may call a special meeting of the Committee at any time and shall also do so if requested in writing, by any five members of the Committee.

11.12    At a Committee meeting a majority of the Committee members constitute a quorum. Each Committee member has a deliberative vote. In case of equal number of votes, the person presiding the Committee meeting shall have a casting vote in addition to his/her deliberative voice.

11.13    A member of the Committee shall not vote in respect of any contract or any financial matter with the Association in which the member has an interest.

A Committee member who has identified a material personal interest shall submit a written declaration of the conflicts that should be recorded in the meeting minutes.  A Committee member who has disclosed a material personal interest must not be present when the matter is considered by the Committee or a vote is taken on that matter.

11.14    Subject to these rules, the procedure and order of business to be followed at a Committee meeting shall be determined by the Committee members present at the Committee meeting.

11.15    The Association must not pay a Committee member any remuneration or provide any other financial benefits other than reimbursement of out of pocket expenses.

 

12.0      THE AUDITOR

12.1      The duty of the Auditor shall be to examine, at least once in a financial year, the administrative procedures and to audit the financial transactions of the Committee.

12.2      The Treasurer shall present the Auditor's report to the General Meeting and shall propose a motion that the Committee be absolved, on behalf of the Auditor.

12.3      The Auditor shall be independent and elected at the General Meeting or the Committee may employ services of a professional auditor.

 

13.0      SUPPLY OF LIQUOR

13.1      Supply of liquor at the Club shall be in accordance with the Liquor Licensing Act 1988 (the Liquor Act).

13.2      No liquor shall be sold or supplied to any juvenile (i.e. any person under the age of 18).

13.3      Bar Manager shall be appointed by the Committee.

13.4      The Club shall only be open for the sale of liquor during such hours (within hours permitted under the Liquor Act) as the Committee shall from time to time determine.

 

14.0      FUNDS

14.1      The funds of the Club shall be derived from:

1. Subscription of members as determined by the Committee
2. Sponsorship, donations, endowments, subsidies, grants and such other sources as determined by the Authorities of the Club.
3. Other operations of the Club

14.2      All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by two members of the Committee as nominated by that Committee.

14.3      All petty cash expenses are to be substantiated with appropriate receipts or other proof of expenditure.

14.4      The Treasurer is responsible for:

1. Receiving funds on behalf of the association and issuing receipts for those funds,
2. Paying funds received into the associations’ bank account to be held in the name of the    association,
3. Authorisation of expenditure by the association,

 

15.0      MINUTES OF MEETINGS OF THE CLUB

15.1      The Secretary or a person authorised by the Committee shall cause proper minutes of all proceedings of all General Meetings and Committee meetings to be taken. Each minutes shall be signed by the Secretary and the Chairman.

15.2      The minutes of a General Meeting or a Committee meeting must be checked and corrected by the Chairperson of the next General or Committee meeting.

15.3      The minutes shall record the Committee members present at the meeting, the name of any person attending the meeting by invitation, the business considered at the meeting and any motion on which a vote is taken at the meeting and the result of the vote.

 

16.0      ALTERATIONS TO RULES

16.1      Subject to the provisions of the Associations Incorporation Act 2015 rules may be amended, rescinded or added to from time to time by a special resolution carried at The General Meeting.

16.2      At least 21 days’ notice of the meeting must be given and the notice must specify the proposed amendments.

16.3      Notification of changes/alterations to the rules will be given to members at least 21 days before the proposed meeting.

16.4      No amendments shall be made unless at least three quarters (75%) of those present are cast in favour of the amendments. The amendments may be proposed by the Committee or by any member when seconded by two other members. The proposed amendments shall be included in the notice convening the general meeting.

16.5      As soon as is practicable after making of any proposal for a change to the Rules of the Club, the Secretary shall provide to the Director of Liquor Licensing, certified particulars of the proposed change. No effect will be given to the change without the prior approval of the Director of Liquor Licensing.

16.6      Any changes to the Club’s Rules shall be forwarded to the Consumer Protection for the approval.

 

17.0      DISSOLUTION OF THE CLUB

The Club shall be dissolved, if a motion to that effect is carried as a special resolution at a general meeting convened specially for this purpose and such meetings shall also determine the method of effecting the dissolution and disposition of the assets of the Club. For a motion of dissolution to take effect at least three quarters (75%) of votes of those present, entitled to vote must be cast in favour of the dissolution. If, on the winding up of the Club, any property of the Club remains after satisfaction of the debts and liabilities of the Club and the costs, charges and expenses of that winding up that property shall be distributed to another association incorporated under the Act.

 

18.0      COMMON SEAL

The Common Seal of the Club shall be kept in the custody of the Secretary or other person nominated by the Committee and can be used only by the express authority of the Committee and every use of that seal shall be recorded in the minutes. The affixing of the Common Seal shall be attested by signature of any two of the President, the Secretary and the Treasurer.

19.0      CUSTODY OF RECORDS

19.1      The Committee shall cause proper books of accounts to be kept with respect:

1. All sums of monies received and expended by the Club and the matters in respect of which the receipts and expenditure take place,
2. All sales and purchases of goods by the Club,
3. The assets and liabilities of the Club,
4. The financial records shall be prepared in accordance with applicable Australian Accounting Standards and other mandatory professional requirements,
5. The accounting policies shall be consistently applied as required by law
6. The books of the Club must be retained for at least 7 years.

19.2      The books of account shall be kept at the office or at such other place or places as determined by the Committee.

19.3      The Club’s documents and records shall be open, by appointment, to the inspection of the Committee or any member thereof.

1. The Club’s member shall have the right to inspect at any reasonable time:
   • The Rules of the association,
   • The minutes of general meetings of the association,
   • The register of members,
   • The register of office bearers.
2. All members are entitled to a copy of The Cracovia Club Inc. Rules

19.4      Except as otherwise decided by the Committee for the time being, the Secretary shall keep in his/her custody or under his/her control all books, documents and securities of the Club, and the Treasurer shall keep in his/her custody or under his/her control all books of accounts.

 

20.0      FURTHER RULES

Any matter not covered by the above rules will be prescribed by Model Rules for Incorporated Associations (Associations Incorporation Act 2015 and the Liquor Licensing Act 1988).

 

Perth, January 2020.