Committee
19. The Committee
20. Office Holders and Ordinary Members of Committee
21. Re-election of Officers and Ordinary Members
22. Vacancy of Committee Member
23. Removal of Committee Member
24. Treasurer
25. Ordinary Members of Committee
26. Functions and Powers of Committee
27. Meetings of Committee
Committee
19. THE COMMITTEE
(1) The affairs of the Club shall be managed by a committee of management to be
known as “the Committee”.
(2) The Committee –
(a) shall control and manage the business and affairs of the Club; and
(b) may, subject to these Rules, the Act and the Statutory Regulations, exercise
all such powers and functions as may be exercised by the Club other than those powers
and functions that are required by these Rules to be exercised by general meetings
of the Voting Members of the Club.
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20. OFFICE HOLDERS AND ORDINARY MEMBERS OF COMMITTEE
(1) The Committee shall comprise a President, 2 Vice Presidents, a Treasurer and
8 Ordinary Members of Committee.
(2) Subject to other provisions in these Rules, all members of Committee shall be
elected for terms of 3 years.
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21. RE-ELECTION OF OFFICERS AND ORDINARY MEMBERS
(1) A retiring member of Committee shall be eligible for re-election.
(2) A member of Committee may be nominated for a position as an officer of the Committee
at an election.
(3) In the event that a member of Committee is elected to a position as an officer
of the Committee, he or she shall be deemed to have thereupon resigned from that
person’s previous Committee position.
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22. VACANCY OF COMMITTEE MEMBER
(1) The office of an officer of the Committee, or of an ordinary member of the Committee
becomes vacant if the officer or member –
(a) ceases to be a Member of the Club; or
(b) becomes an insolvent under administration within the meaning of the Corporations
Law; or
(c) resigns from office by notice in writing given to the CEO or is deemed to have
resigned pursuant to Rule 21 or is removed under Rule 23.
(2) In the event of a casual vacancy of any officer of the Committee, the Committee
may appoint a member of Committee to the vacant office. The member appointed shall
hold that position, subject to these Rules, up to and including the next ensuing
annual general meeting and shall then retire as an officer. He or she may continue
as a member of Committee provided that Committee has not filled the person’s
previous position as a casual vacancy pursuant to part (3) hereof.
(3) In the event of a casual vacancy of any ordinary member of the Committee, the
Committee may appoint a Member of the Club (eligible to be nominated under Rule
12(6)) to the vacant position. The Member appointed shall hold office, subject to
these Rules, until the next ensuing annual general meeting and shall then retire.
(4) In the event of a casual vacancy of an officer or ordinary member of Committee
occurring and that vacancy not being filled in accordance with this rule prior to
the next annual general meeting, then in addition to the ordinary election of members
to Committee, such casual vacancy shall also be the subject of an election for the
balance of the unexpired term.
(5) If there is an unexpired portion of the term of the person causing a casual
vacancy, the person appointed at the ensuing annual general meeting to fill a casual
vacancy as aforesaid shall be appointed for the said unexpired portion of the term.
(6) In the event that nominations are called for positions as ordinary members of
Committee for terms of three years in respect of vacancies caused by normal retirement
and also for a term of less than three years in the event of a casual vacancy, the
following provisions shall apply:
(a) If nominations received do not exceed positions available, the persons appointed
to the lesser terms shall be members who previously were appointed to fill a casual
vacancy or if this does not apply then such persons as determined by Committee.
(b) If there is a ballot for positions pursuant to Rule 12, the persons polling
the highest number of votes shall be appointed for the longer terms.
(7) The Committee may act notwithstanding any vacancy on the Committee.
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23. REMOVAL OF COMMITTEE MEMBER
(1) The Club in general meeting may, by resolution, remove any member of the Committee
before the expiration of the member's term of office and appoint another member
eligible to be nominated under Rule 12(6) in his or her place tohold office until
the expiration of the term of the first-mentioned member.
(2) A member who is the subject of a proposed resolution referred to in sub-rule
(1) may make representations in writing to the President of the Club (not exceeding
areasonable length) and may request that the representations be provided to the
Members of the Club.
(3) The President may give a copy of the representations to each Member of the Club
or, if they are not so given, the member may require that they be read out at the
general meeting of Members.
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24. FUNCTIONS AND POWERS OF COMMITTEE
Without limiting the generality of the powers contained in Rule 19 the Committee
shall have the following powers and functions, but subject to the restrictions,
if any, set out herein:
(1) Power to Make Regulations.
The Committee shall have the power to make regulations, not inconsistent with these
Rules, binding upon Members with respect to the following matters:
(a) The payment of subscription fees, levies and other financial obligations of
Members.
(b) The imposition and amount of any fine or pecuniary or other penalty in relation
to financial or other obligations of Members PROVIDED THAT theamount of any such
fine or penalty shall not exceed the annual subscription for a Playing Member.
(c) Subject to the provisions of the Liquor Control Reform Act 1998 the time and
conditions under which liquor may be so purchased and consumed by Members and visitors.
(d) The times when the Club’s premises or facilities may be opened or closed.
(e) The rights and privileges attaching to particular classes of membership and
transfers between different classes of membership.
(f) The, times and conditions of play on the Club’s tennis and squash courts
and other sporting and recreational facilities by Members or particular classes
of Members or by visitors.
(g) The availability, hire and use of the Club’s premises, courts and facilities
for the purpose of tournaments, competitions or entertainment by Members or other
persons, corporations or organisations.
(h) The admission conduct and rights of guests and visitors.
(i) Dress regulations applicable to Members or visitors in the Clubhouse, on tennis
or squash courts or any facilities of the Club.
(j) Any matters not inconsistent with these Rules which the Committee may deem incidental
or conducive to the attainment of the purposes and the exercise of the powers of
the Club.
(2) Power to Appoint Sub-Committees of Committee.
(a) Subject to these Rules Committee shall have the power to appoint such subcommittees
comprising members of Committee and/or Members of the Club and to delegate to such
sub-committees such powers and duties as it shall see fit including the power in
any such sub-committee to delegate to a further subcommittee.
(b) Each sub-committee shall appoint a chairman and such sub-committee chairman
shall have one deliberative and one casting vote on any motion.
(c) A majority of the number of members appointed to a sub-committee by the Committee
shall constitute a quorum at a meeting of that sub-committee.
(d) The President, Treasurer and Vice Presidents may be members of all subcommittees
appointed by Committee.
(3) Power to Appoint a CEO.
(a) The Committee shall have power from time to time to appoint any person (whether
a member of the Committee or not) to be the CEO of the Club with such duties and
powers and upon such terms as to remuneration and otherwise as the Committee may
deem fit and to remove from office any person so appointed.
(b) The powers and duties of the CEO include the powers and duties of a secretary
of a licensed club under the provisions of the Liquor Control Reform Act 1998 and
those of the public officer under the Act.
(4) Courts and Major Works Powers. Notwithstanding any provision to the contrary
herein contained the powers of the Committee shall be restricted as follows:
(a) Committee shall not contract for or carry out any new major capital works likely
to cost more than ten per centum of the total Members subscriptions and entry fees
received in the immediately preceding financial year without the prior approval
of a majority of Voting Members present in person or voting by proxy at a general
meeting or voting in any postal ballot conducted for that purpose.
(b) Committee shall not transfer, convey, lease, demise or part with possession
of or in any way dispose of any interest in the real property of the Club or any
part thereof without the prior approval of not less than two thirds of Voting Members
and so voting in a postal ballot conducted for that purpose PROVIDED HOWEVER that
no such prior approval shall be required where the Committee proposes to :
(1) Grant a lease, licence or permit (with or without consideration monetary or
otherwise) for a period not exceeding twenty (20) years permitting any person firm
and/or company to use and occupy land and improvements of the Club for not more
than sixty (60) days in any financial year in connection with events involving the
use of the Stadium; or
(2) From time to time grant, renew, continue or deal with a lease, licence or permit
for the area used for the professional’s shop on normal commercial terms (when
considered in a reasonable manner) for a period or periods not exceeding 20 year;
or
(3) Act pursuant to Clause 2(f) of the Statement of Purposes.
(c) Committee shall not without the prior approval of a majority of Voting Members
present in person or by proxy at a general meeting or voting in any postal ballot
conducted for that purpose alter the type of playing surface of any Club tennis
court nor reduce the number of tennis courts. This restriction shall not apply to
the playing surface of the centre courts in the Stadium.
(5) Power to Conduct Postal Ballot Committee shall have power to submit to Voting
Members for decision in a postal ballot any matter, motion or business as required
by these Rules or which in the opinion of Committee ought to be submitted to Voting
Members for decision in a postal ballot provided always that for the purposes of
any postal ballot:
(a) The CEO shall cause to be posted to every Voting Member:
(i) a ballot paper or papers setting out the question or questions to be determined
in such a manner as will enable a vote to be clearly recorded for or against the
same; and
(ii) an explanatory statement setting out in as fair and reasonable a manner as
is practicable the case for and against the issues involved. (Where any ballot is
held for the purposes of sub-rule (4) the explanatory statement of the issues shall
include a precis or epitome of each and every contract and agreement proposed to
be entered into by or on behalf of the Club;
and
(iii) such other information and material as the Committee may consider appropriate
including the time and date of closure of the ballot;
(b) All valid ballot papers returned to the CEO or the office of the Club within
fifteen (15) days of the posting of same (or by such later date as may be notified
by the CEO) shall be eligible for inclusion in the ballot;
(c) As soon as practicable after the close of the postal ballot the CEO shall deliver
to not less than five scrutineers appointed by the Committee all ballot papers duly
received for examination by the scrutineers who shall within five (5) days of the
receipt of them return the ballot papers to the CEO and certify the result of the
voting in writing. The CEO shall post in a prominent position in the Clubhouse a
notice bearing the date and advising the result of the postal ballot. The CEO shall
retain the ballot papers in safe custody for a period of not less than six (6) months
after the date of notification of the result as aforesaid.
(6) Power to Appoint or Remove Trustees Committee shall have power to appoint or
remove Trustees to hold property of the Club and to do anything which Committee
or the Club may do.
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25. MEETINGS OF COMMITTEE
(1) Committee shall meet regularly on dates as determined by it. Meetings shall
be chaired by the President or, in his absence by a Vice President or Treasurer
or, in the absence of all officers, by an ordinary member chosen by the meeting.
(2) A special meeting of the Committee may be called at any time by any one of the
officers or by any three ordinary members of the Committee.
(3) No business shall be transacted at any meeting of Committee unless a quorum
of members is present. Fifty percent (50%) of the current members of Committee plus
one member shall constitute a quorum.
(4) Each member of Committee present at a meeting of Committee shall have one vote.
(5) In the case of any equality of votes the Chairman shall have a second or casting
vote.
(6) (a) Written notice of each Committee meeting must be given by the CEO to each
member of the Committee at least two business days before the date of the meeting.
(b) Reasonable notice must be given by the CEO to members of the Committee of any
special meeting specifying the general nature of the business to be conducted and
no other business may be conducted at such a meeting.
(7) At any meeting of the Committee, in the event that a quorum is not present within
thirty minutes of the appointed time, such meeting may be adjourned to such date
as the members present shall decide and notice of such adjourned meeting shall be
sent to each member of the Committee by the CEO.
(8) Should any member of the Committee be absent from three consecutive Committee
meetings without the consent of the Committee (which consent shall not be unreasonably
withheld) such membership may be declared forfeited by the Committee.
(9) Minutes of all resolutions and proceedings of and Regulations made by the Committee,
and its sub-committees shall be kept by the CEO in a form determined by Committee
and, subject to any applicable Regulations and legislation be available for inspection
by Voting Members on the giving of twenty-eight (28) days notice in writing and
on such Voting Members entering into an appropriate Confidentiality Agreement or
as determined by the Committee.
(10) Virtual Meetings of the Committee
(a) A virtual meeting of the Committee may be called or held using any technology
consented to by at least three fourths of the members of the Committee. A consent
of a member of the Committee for the purposes of this Rule may be a standing one.
A member of the Committee may only withdraw his or her consent within a reasonable
time before the meeting of the Committee.
(b) The technology to be used for the purpose of this Rule must be such that each
member of the Committee taking part in the meeting must be able to communicate with
each of the other members of the Committee taking part in the meeting and may include
telephone, television, video conferencing, e-mail or any other audio and/or visual
device which permits instantaneous communication.
(c) A virtual meeting shall be deemed to constitute a meeting of the Committee and
all the provisions of these Rules as to meetings of the Committee shall apply to
any virtual meeting provided the following conditions are met:
(i) All the members of the Committee for the time being entitled to receive notice
of the meeting of the Committee shall be entitled to notice of a virtual meeting.
Notice of any such meeting shall be given by an appropriate form of technology or
in any other manner permitted by these Rules; and
(ii) A member of the Committee may not leave a virtual meeting by disconnecting
from the technology used unless he has previously expressly notified the Chairman
of the meeting of his intention to leave the meeting and a member of the Committee
shall be conclusively presumed to have been present and to have formed part of the
quorum at all times during such a meeting until such notified time of his leaving
the meeting.
(d) A minute of the proceedings of virtual meetings shall be sufficient evidence
of such proceeding and of the observance of all necessary formalities if certified
as a correct minute by the Chairman of the meeting.
(11) Passing Resolutions without Meetings
(a) The members of the Committee may pass a resolution without a meeting if at least
three fourths of the members of the Committee entitled to vote on the resolution
sign a document containing a statement that they are in favour of the resolution
set out in the document.
(b) A resolution, dealt with in accordance with Rule 25(11)(a), is passed on the
day on which the document is signed and at the time at which the document is last
signed by a member of the Committee or, if the members of the Committee sign the
document on different days, on the day on which, and at the time at which the document
is last signed by a member of the Committee.
(c) For the purposes of Rule 25(11)(a) two (2) or more separate documents containing
statements in identical terms each of which is signed by one (1) or more members
of the Committee will together be deemed to constitute one document containing a
statement in those terms signed by the members of the Committee.
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