Thank you to Les Cousins for all his work on a Constitutional review.

Special General Meeting

Notice is hereby given that a Special General Meeting of the Busselton Tennis Club (Inc.) has been called.

The meeting will be held at the premises of the Busselton Tennis Club at 5pm on Saturday 6th of March 2021.

Purpose of the meeting is to consider and, if thought fit, pass the following special resolution:

Special Resolution 1:

To alter (replace) all the rules of the Busselton Tennis Club (known as the “Constitution”) with the “Model Rules” prescribed under the “Associations Incorporation Act 2015(WA)” and “The Regulations 2016”, and adopt those “Model Rules” as the rules (the “Constitution”) for the Busselton Tennis Club.

Information:

Since year 2000, the Busselton Tennis Club has operated under four (4) different “Constitutions”: The current proposal, if adopted, will be the fifth constitution.

That frequency coincides whenever there is a change in the office holders for the Club.

Consumer Protection recommends that a constitution should be reviewed every 3 -5 years to ensure on-going compliance, in particular with the nineteen (19) matters that any organization must address within their rules under the “Act”.

However, the cut-and-paste manner in which the Club’s rules are altered every time a new committee is elected implies a lack of flexibility within the rules to enable newly elected members to introduce fresh ideas to further promote the game of tennis.

The alterations although done in good faith, have resulted in rules that have omissions, barely meet the regulatory requirements if at all, and in some instances are in contradiction.

The constitution should be a document consisting of a set of rules that summarize why the Club exists, and how it intends to operate to achieve its aims: It is not intended to be a “day-to-day” working document.

To overcome this issue, and in addition the lack of flexibility within the rules, it is intended that the Club takes advantage of new laws and regulations that were passed by the Government in 2016.

The new laws and “Regulations 2016”, prescribed under the “Associations Incorporation Act 2015”, were seen by the Government as being needed with the aim of helping clubs in WA to operate more efficiently by providing them with a clearer and simplified framework in which to operate.

Under the new laws, a set of rules (known as the “Model Rules”) are prescribed that may be adopted by clubs to be used as a “constitution”.

The “Model Rules” so prescribed, and being proposed by the Committee to be adopted,

 

  • do not in any way change the “Objects” of the Club, and
  • will not in any way affect the Club’s eligibility to hold its licence under the “Liquor Control Act”, and
  • contains all the matters that must be addressed within the rules as required under the “Act”, in a clear and precise manner, and
  • will ensure that the Club operates in a compliant manner without the need to continually alter its constitution.

The “Act” allows for the Club to make, amend, or revoke rules (known as by-laws) outside the constitution.

These by-laws may not have the same legal status as the individual rules within a constitution, therefore the use of by-laws for the procedural and administrative operations of the Club is recommended.

The transcription of non-regulatory matters that currently exist in the Club’s constitution in to by-laws, will give the Club the flexibility that it needs in operation to further promote the game of tennis: Providing that the by-laws so written are consistent with the “Act”, and in addition, are approved by the members by resolution and at a general meeting.

The attachment Appendix-Aprovides a comparison between the rules within the existing constitution and those rules contained within the “Model Rules”.

The differences encountered between the two sets of rules are regarded by the Committee as being inconsequential and therefore not onerous to adopt.

The documents referred to in this notice, in particular the current Club Constitution (adopted and approved in 2019), and the set of rules now being proposed to replace that document, are both available for inspection either on the Club’s website, electronically, or in hard copy on request to the Secretary.

By order of the Management Committee

President:         James McGregor

Dated:             14/2/2021

Note:   To have the right to both attend and vote at the Special General Meeting, members must be fully paid up ordinary members of the Club.