Adelaide University Mountain Club Incorporated
- The name of the Incorporated Association is the Adelaide University Mountain Club Incorporated referred to herein as “the Club”. The Club shall be an amalgamated Club of the University of Adelaide Sports Association, referred to herein as “the Sports Association”.
- In these rules, unless the contrary intention appears –
“Committee” means the Committee of Management of the Club;
“meeting” means a general meeting of members of the club convened in accordance with these rules;
“member” means a member of the club;
the “University” means the University of Adelaide;
the “sports Association” means the “Adelaide University Sports and Physical Recreation Association Incorporated”;
“Executive Officer” means the Executive officer of the Sports Association; “Orientation Week” shall mean the University’s Orientation Week;
the “Act” means the Associations Incorporation Act, 1985;
the “Regulations” means the Associations Regulations, 1985
- OBJECTS AND PUPOSES
(a) To foster interest in and provide facilities for mountaineering, bush walking, skiing, canoeing, rock climbing, orienteering and other related activities.
(b) To promote an awareness of and interest in conservation.
The Club shall have all the powers conferred by section 25 of the Act.
(a) Natural persons who are members of the Sports Association, and only such persons, may become ordinary members of the Club.
(b) Any member who ceases to be a member of the Sports Association shall cease to be an ordinary member.
(c) The Committee may appoint as honorary member any natural person not eligible under sub rule (a) to become an ordinary member. Such honorary members shall not be Committee Members.
(d) The member in general meeting may appoint a Patron, whose term of office shall be one year.
(a) The subscription fees for ordinary membership shall be such sum as the Committee shall from time to time determine. There shall be nor fee for honorary membership.
(b) The subscription fees for ordinary membership shall be payable annually on the last day of Orientation Week.
(c) Any members who on the date for payment is ineligible to renew their ordinary membership under rule 5(a) and who was a member of the Committee in the preceding year shall become an honorary member.
(d) Any ordinary member whose subscription is outstanding for more than a month after the due date for payment shall cease to be a member. All honorary members shall cease to be members on the last day of Orientation Week.
A member may resign from membership by giving written notice to any member of the Committee.
- EXPULSION OF A MEMBER
(a) Subject to giving a member an opportunity to be heard or to make a written submission, the Committee may resolve to expel a member upon a charge of misconduct detrimental to the interests of the Club.
(b) Particulars of the charge shall be communicated to the member as least one week before the Committee meeting at which the matter will be determined.
(c) The determination of the Committee shall be communicated to the member and, in the event of an adverse determination, the member shall subject to sub-rule (d) cease to be a member one week after the Committee has communicated its determination to the member.
(d) It shall be open to a member to appeal to the Executive Officer against the expulsion. The intention to appeal shall be communicated to the Executive Officer within one week after the Committee’s determination has been communicated to the member.
(e) In the event of an appeal the appellant’s membership shall not be terminated unless the Committee’s determination is upheld by the Executive Officer and the termination shall take effect from the date upon which the determination of the Committee is upheld.
9. THE COMMITTEE
(a) The affairs of the Club shall be managed and controlled exclusively by a Committee which in addition to any powers and authorities conferred by these rules may exercise all such powers and do all such things as are within the objects of the Club, and are not by the Act or the rules required to be done by the Club ion general meeting.
(b) The Committee shall have the power to appoint such employees as are required to carry out the objects of the Club, subject to the approval of the Executive Officer, and may appoint a public officer required by the Act.
(c) The Committee shall be comprised of a President, a Secretary, a treasurer, a Gear Officer, a Canoe Officer, a Climbing Officer and two Committee members, all of whom shall be ordinary members of the Club.
(d) A Committee member may resign from membership of the committee by giving written notice to any other committee member.
(e) The Committee shall have the power to appoint a Walks Secretary a Social Director, a Magazine Editor, a Newsletter Editor and such other officers as are required to carry out the objects of the Club, all of whom must be members of the Club, and may discuss or delegate any of its powers to such officers. The Committee may vary appointments made under this sub-rule at any time.
(f) The Committee shall be appointed by the members at the Annual General Meeting and shall hold office until the next Annual General Meeting, and any Committee position, other than that of President or Treasurer, may be left vacant save that no more than two positions may be left vacant.
(g) The Committee may appoint a member to fill a casual vacancy or to fill a vacancy arising under sub-rule (f).
(h) The signature of at least two Committee members shall be required to withdraw money from any bank account held in the name of the Club.
(i) All Club excursions shall be under the control of a leader appointed by the Committee, who shall have power of discipline for the duration of the excursion.
(j) Neither the Club nor any leader appointed under sub-rule (I) is liable for accidents, misadventure or injury to any member or visitor arising from any excursion.
10. DISQUALIFICATION OF COMMITTEE MEMBERS
(a) The office of Committee member shall become vacant if a Committee member is:
- (i) disqualified by the Act;
- (ii) expelled from membership under the rules;
- (iii) permanently incapacitated by ill health;
- (iv) absent from three consecutive committee meetings.
(b) Subject to sub-rule (c), a Committee member may be expelled from the Committee by a resolution passed at a Committee meeting by six Committee members.
(c) The resolution and the reasons for it shall be communicated to the Committee member and the member shall subject to sub-rule (d) cease to be a Committee member one week after the Committee has communicated it resolution to him or her.
(d) It shall be open to the Committee member to appeal to the Executive Officer against the expulsion. The intention to appeal shall be communicated to the Executive Officer within one week after the Committee’s determination has been communicated to the Committee member.
(e) In the event of an appeal the appellant’s membership of the Committee shall not be terminated unless the Committee’s resolution is upheld by the Executive Officer and shall take effort from the date upon which the determination of the Committee is upheld.
11. PROCEEDINGS OF COMMITTEE
(a) Committee meetings shall be chaired by such Committee member as shall be elected by the Committee members from time to time.
(b) Questions arising at any Committee meeting shall be determined by a majority of votes, and in the event of equality of votes the chairperson shall have a casting vote in addition to a deliberative vote.
(c) A quorum for a meeting of the Committee shall be five members.
(d) A member of the Committee having a pecuniary interest in any resolution put to a vote at a Committee meeting must disclose that interest and may not vote on the motion.
12. BORROWING POWERS
(a) Subject to sub-rule (b), the Club may borrow money from banks or other financial institutions upon such terms as the Committee sees fit and may secure the repayment thereof by charging the property of the Club.
(b) No power may be exercised under sub-rule (a) without the prior written approval of the Executive Officer.
(a) Subject to approval by a resolution of the members of the Club and to approval by the Executive Officer, those rules may be altered (including an alteration to name) or be rescinded and replaced by substituted rules. Such an alteration shall be registered as required by the Act.
(b) The registered rules shall bind the Club and every member to the same extent as if they had respectively signed and sealed them and agreed to be bound by all of the provisions thereof.
14. THE SEAL
(a) The Club may have a common seal upon which its corporate name shall appear in legible characters.
(b) The seal shall not be used without the express authorisation of the Committee and every use of the seal shall be recorded in the minute book of the Club. The fixing of the seal shall be witnessed by the President and Treasurer or one of them and any two other Committee members.
(c) The seal shall be kept in the custody of the Executive Officer or such other person as the Committee shall from time to time decide.
(a) The Committee may call a special general meeting of the Club at any time and shall call an Annual General in accordance with the Act.
(b) An Annual General Meeting shall be held within six (6) months of the first day of October each year.
(c) Upon a requisition in writing of not less than one fifth of the total number of members of the Club or not less than twenty members of the Club, whichever is the lesser, the Committee shall within one month of the receipt of the requisition convene a special general meeting, for the purpose specified in the requisition.
(d) Every requisition for a special general meeting shall be signed by the members making the same and shall state the purpose of the meeting.
(e) If a special general meeting is not convened within one month as required by sub-rule © the requisitionists may convene a special general meeting. Such a meeting shall be convened in the same manner as a meeting convened by the Committee and for this purpose the Committee shall ensure that the requistionists are supplied with a list of members entitled to receive a notice of meeting.
(f) At least seven day’s notice of any general meeting shall be given to members. The notice shall set out where and when the meeting will be held and particulars of the nature of business to be conducted. A notice shall also be placed on the Club’s notice board at least seven days prior to the meeting. (g) A notice may be given to any member by serving the member with it personally, by placing it in the University pigeon hole, by sending it by the University’s internal mail service to the contact department appearing in the register of members or by sending it by post to the address appearing in the register of members.
16. PROCEEDINGS AT MEETINGS
(a) Provided that not less than fifteen members are present personally, twenty members present personally or by proxy, shall constitute quorum at an annual general meeting. Twenty members present personally shall constitute quorum for any other general meeting.
(b) If within thirty minutes after the time appointed for the meeting a quorum of members is not present, a meeting convened on the requisition of members under rule 15(c) shall lapse. In any other case, the meeting shall stand adjourned to the same day in the next week at the same time and place and if at such adjourned meeting a quorum is not present within thirty minutes of the time appointed for the meeting the members present shall form a quorum.
(c) The president or a person nominated by the president, or in their absence one of the Committee members chosen by the meeting shall preside as chairperson of the meeting.
(d) If there is no such chairperson present within five minutes after the time appointed for holding the meeting, the members present may elect a chairperson from among their number.
(e) The chairperson may with the consent of the meeting and shall if so directed by the meeting adjourn the meeting from time to time and place to
place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
(f) When a meeting is adjourned for thirty days or more notice shall be given as if that meeting were an original meeting of members.
(g) Questions arising at any general meeting shall be determined by a majority of votes and in the event of equality of votes the chairperson shall have a casting vote in addition to a deliberative vote.
(h) At any general meeting, the election of Committee members shall be conducted in the absence of the candidates who shall not be entitled to vote in the election and shall be by secret ballot or by a show of hands. In the event of an equality of points under sub-rule (j) or an equality of votes in favour of two or more candidates the chairperson shall reconduct the election and should there again be an equality of points or votes between the candidates then the chairperson shall have a casting vote in addition to a deliberative vote. Any other resolution put to a vote shall be determined by a show of hands or with the consent or at the direction of the meeting by such other method as the chairperson may decide. A declaration by the chairperson that a motion has been carried or lost or of the result of an election shall, unless the vote was by show of hands and a poll is demanded by not less than five members, be conclusive evidence of the result.
(i) The election of the four general committee members, or such lesser number as are to be elected pursuant to rule 9(f), shall be held by a single poll. (j) In any election under sub-rule (I) or in any election for a committee position where there are more than two candidates, voters shall rank any or all of the candidates in their order or preference. For each voter, a number of points equal to the number of candidates less one shall be awarded to their first preference, then a number of points equal to the number of points given to the next highest ranked candidate less one shall be given to each other candidate. Should the voter not rank all the candidates no points shall be awarded to c candidate who was not ranked. The candidate or candidates with the highest number of aggregate points shall be elected, such that only one person is election to any position.
(a) Proper minutes of meetings and Committee meetings shall be entered within a minute book kept for the purpose within one month of the relevant meeting.
(b) The minutes kept pursuant to this rule shall be signed by the secretary, the chairperson of the relevant meeting or the chairperson of the next committee meeting.
(c) Where the minutes are entered and signed the shall, until the contrary is proved, be evidence that the meeting was convened and duly held, that all proceedings held at the meeting shall be deemed to have been duly held and that all appointments made at a meeting shall be deemed to be valid.
18. VOTING RIGHTS
(a) Subject to these rules, each person present in person or by proxy at a meeting shall be entitled to one vote, provided that no member may act as proxy for more than two other members.
(b) Subject to sub-rule (c), a person present by proxy shall not be entitled to vote at any Committee meeting, general meeting or other meeting of the Club. (c) A member shall be entitled to appoint in writing a members to be his or her proxy and attend and vote for the election of the Committee members at any general meeting. No person other than the person named and appointed may exercise the proxy vote.
The Club shall keep such accounting records as are necessary to correctly record and explain the financial transactions and financial position of the Club.
20. APPLICATION OF SURPLUS ASSETS
If after the winding up of the Club there are “surplus assets” as defined in the Act, such surplus assets shall be appropriated to the Sports Association.
21. HISTORICAL RECORDS
For the purposes of historical records the existence of the Club shall date from 28th September, 1961.
30th January 1992
30th November 1993