ASSOCIATION OF DOG TRAINING
CLUBS OF VICTORIA INC.
CONSTITUTION
Effective 28th January 2009
1.The name of the incorporated association is ASSOCIATION OF DOG TRAINING CLUBS OF
VICTORIA. (in these rules called “the Association”.
DEFINITIONS
2. (1) In these Rules, unless the contrary intention appears-
“Act” means the Association Incorporation Act 1981 and any amendments thereto and, unless inconsistent with the context or subject matter, includes the Association Regulations 1983 and any amendments thereto.
“Application for Membership”, includes application for re-admission to membership.
“Association” has the same meaning as is ascribed to that word by section 3 (1) of the Associations Incorporation Act 1981 which, inter alia, includes a Club.
“Body” means where the context reasonable admits, a Club, Society, Association, Company or group of persons.
“By-Laws”, means the By-Laws in force for the time being of the Club and shall form part of and be deemed to be incorporated in the Rules of the Club.
“Clause” means a provision of the Rules and where the context so admits includes a paragraph or sub-paragraph thereof.
“Club”, for the purpose of these Rules, has the same meaning as is ascribed to the word Association by Section 3(1) of the Associations Incorporation Act 1981.
“Committee” means the Committee of Management of the Association and includes Officers of the Association and ordinary members of the Committee unless the rules specifically provide otherwise.
“Exhibition” includes a Canine competition, display, obedience, tracking, endurance or agility trial, contest, match or similar event.
“Financial Year: means the year ending 30 June.
“Financial Member: means a member body of the Association who shall not be in default in the payment of its annual subscription or any fees or other monies payable by it in accordance with these Rules.
“Un-financial” shall have the opposite meaning.
“General Meeting” means a general meeting of members convened in accordance with Rule 12.
“Relevant documents” has the same meaning as in the Act.
“Office Bearers” means the President, the Vice-President, Treasurer, Secretary, Public Officer, and such nominated positions as referred to in Clause 23 and By-Laws for the time being of the Association.
“Period of Membership” in relation to a member body, denotes the twelve months terminating at midnight on the 30th day of June each year for which such member body is for the time being elected or admitted to membership of the Association or such portion of that term during which its membership continues.
“Writing” includes printing, photocopying and other like recognised means of communication or of reproducing works in visible form.
Words or expressions contained in these Rules shall be interpreted in accordance with the provisions of the Acts Interpretation Act 1958 and the Act as in force from time to time.
(2) In these Rules, a reference to the Secretary of an Association is a reference –
(a) if a person holds office under theses Rules as Secretary of the Association – to that person; and
(b) in any other case, to the public officer of the Association.
STATEMENT OF PURPOSE
(1) To provide a forum where Member Bodies may come together to consider matters of common interest and/or concern.
(2) To foster all canine associated activities conducted by the Member Bodies with particular emphasis on obedience training.
(3) To facilitate liaison and co-ordination between the Member Bodies in the achievement of their common goals and objectives.
(4) To act as advocate on behalf of Member Bodies as may be determined from time to time by the Member Bodies.
ALTERATION OF THE RULES
3. These Rules and the statement of purposes of the Association must not be altered except in accordance with the Act.
MEMBERSHIP, ENTRY FEES AND SUBSCRIPTION
4. (1) A Club involving in which applies and is approved for membership as provided in theses Rules is eligible to be a member body of the Association on payment of the entrance fee and annual subscription payable under these Rules.
(2) A Club which is not a member body of the Association at the time of the incorporation of the Association (or who was a member body at the time but has ceased to be a member) must not be admitted to membership unless –
(a) it is a dog training club .
(b) it applies for membership in accordance with sub-rule (3); and
(c) the Members in General Meeting approve the admission as a member body.
(3) An application of a Club for membership of the Association must –
(a) be made in writing on such from as the Committee may from time to time prescribe and shall be signed by the President of the applying Club accompanied by the fees prescribed in Clause 4.
(b) be lodged with the Secretary of the Association
(4) As soon as practicable after the receipt of an application, the Secretary must refer the application to the Members.
(5) The Members must determine whether to approve or reject the application.
(6) If the Members approve an application for membership, the Secretary must, as soon as practicable, enter the Club’s name in the register of members kept by him or her, and upon the name being so entered, the Club will become a member body of the Association.
(7) An applicant for membership becomes a member body and is entitled to exercise the rights of membership when the applicants name is entered in the register of member bodies.
(8) If the Members reject an application, the Secretary must, as soon as practicable, notify the applicant in writing that the application has been rejected.
(9) If the Members approve an application, the Secretary must, as soon as practicable, notify the applicant in writing that the application has been approved.
(10) A right, privilege or obligation of a Club by reason of membership of the Association –
(a) is not capable of being transferred or transmitted to another Club; and
(b) terminates upon the cessation of membership.
(11) Member bodies shall strictly observe and act in conformity with and not otherwise than in accordance with the Act and the Rules and By-Laws of the Association in so far as they shall relate to them and will uphold the honor of and use their best endeavors to further the objects of the Association.
(12) A member body may within thirty (30) days after the end of the Association’s financial year, make application to the Association for re-admission as a member upon payment of the annual subscription and shall be deemed for all purposes to have been re-admitted as such a member body.
5. (1) The Secretary must keep and maintain a register of members containing -
(a) the name and address of each member body; and
(b) the date on which each member body’s name was entered in the register.
(2) The register is available for inspection free of charge by any member body upon request.
(3) A member body may make a copy of entries in the register.
PRIVILEGES OF MEMBERSHIP
6. Subject to restrictions and limitation prescribed by or pursuant to the Act, Rules and By-Laws of the Association the privileges of a member body shall be:-
(a) upon application and payment of the prescribed fee to the Secretary, to receive a copy of the Rules and By-Laws of the Association.
(b) The right to send two delegates to attend and vote at all General Meetings of the Association; subject to the conditions of Clause 27 (2) and 27(3).
(c) To submit nominations for any Office of the Association and /or Committee subject to the conditions of Clause 27(2) and 27 (3);
(d) To receive any publication issued by the Association, upon the payment of the prescribed fee (if any).
CEASING MEMBERSHIP
7. (1) A member body of the Association who has paid all monies due and payable by a member body to the Association may resign from the Association by giving one month’s notice in writing to the Secretary of its intention to resign.
(2) After the expiry of the period referred to in sub-rule 4 (12) –
(a) the member body ceases to be a member; and
(b) the Secretary must record in the register of member bodies the date on which the member body ceased to be a member.
DISCIPLINE, SUSPENSION AND EXPULSION OF MEMBERS
8. (1) Subject to these Rules, if the Committee is of the opinion that a member body has refused or neglected to comply with these Rules, or has been guilty of conduct unbecoming a member or prejudicial to the interests of the Association, the Committee may by resolution -
(a) suspend that member body from membership of the Association for a specified period; or
(b) expel that member body from the Association.
(2) A resolution of the Committee under sub-rule 8 (1) does not take effect unless -
(a) at a meeting held in accordance with sub-rule 8(3), the Committee confirms the resolution; and
(b) if the member body exercises a right of appeal to the Association under this rule, the Association confirms the resolution in accordance with this rule.
(3) A meeting of the Committee to confirm or revoke a resolution passed under sub-rule 8 (1) must be held not earlier than 14 days and not later than 28 days after the notice has been given to that member body in accordance with sub-rule 8 (4).
(4) For the purposed of giving notice in accordance with sub-rule 8(3), the Secretary must, as soon as practicable, cause to be given to the member body a written notice -
(a) setting out the resolution of the Committee and the grounds on which it is based; and
(b) stating that the member body, or its representative, may address the Committee at a meeting to be held not earlier than 14 days and not later than 28 days after the notice has been given to that member body; and
(c) stating the date, place and time of that meeting; and
(d) informing the member body that it may do one or both of the following –
(i) attend the meeting;
(ii) give to the Committee before the date of that meeting a written statement seeking the revocation of the resolution;
(e) informing the member body that, if at the meeting, the Committee confirms the resolution, it may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that it wishes to appeal to the Association in General Meeting against the resolution.
(5)_At a meeting of the Committee to confirm or revoke a resolution passed under sub-rule 8(1), the Committee must –
(a) give the member body, or its representative, an opportunity to be heard; and
(b) give due consideration to any written statement submitted by the member body; and
(c) determine by resolution whether to confirm or to revoke the resolution.
(6) If at the meeting of the Committee, the Committee confirms the resolution, the member body may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that it wishes to appeal to the Association in General Meeting against the resolution.
(7) If the Secretary receives a notice under sub-rule 8(6), the Secretary must notify the Committee and the Committee must convene a General Meeting of the Association to be held within 21 days after the date on which the Secretary received the notice.
(8) At a General Meeting of the Association convened under sub-rule 8(7) -
(a) no business other than the question of the appeal may be conducted; and
(b) the Committee may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution; and
(c) the member body, or its representative, must be given an opportunity to be heard; and
(d) the members present must vote by secret ballot on the question whether the resolution should be confirmed or revoked.
(9) A resolution is confirmed if, at the General Meeting, not less than two-thirds of the member bodies present vote in favour of the resolution. In any other case, the resolution is revoked.
DISPUTES AND MEDIATION