Byron Bay Services Club, Constitution
Dear Member,
The Byron Bay Services Club is required to create a new constitution to meet mandatory legislative
requirements. Our present Articles of Association are not conforming with current legal
requirements or reflects good corporate practice.
The laws that relate to, and impact on registered clubs have changed significantly in the last five to
ten years. Examples of this include:
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The corporate governance amendments to the Registered Clubs Act in 2004.
The commencement of the Liquor Act in 2008.
Amendments to annual reporting requirements contained in the Corporations Act in 2010.
Amendments to the Registered Clubs Act relating to the removal of persons from the
premises of a club, reporting requirements and the disposal of land.
Recent amendments to the Registered Clubs Act relating to director training, board
appointed directors and ‘capping’ the number of directors on club boards.
Removal from the Corporations Act of the right of 100 members to request a general
meeting to be called
The Associations Incorporation Act 2009 (NSW) and the Associations Incorporation
Regulation 2010 (NSW) commenced together on 1 July 2010.
The 2009 Act repeals and replaces the Associations Incorporation Act 1984
(NSW).
Each legislative change introduced substantial reforms to the registered clubs in NSW. The task of
reviewing and understanding the constitution can prove to be a daunting one. However the task of
review is necessary for a number of reasons as follows:
Firstly, it is to review whether the constitution is inconsistent with any provision of the Registered
Clubs Act or any other legislation. Disciplinary action can be taken against a club under Section 57F
of the Registered Clubs Act if it can be established the club has habitually broken a deemed rule
under Section 30 (1) or a rule of the club.
Secondly, it is to identify whether the constitution correctly reflects the provisions of relevant
legislation. Some Acts of Parliament will override a club’s constitution while others will not and the
club’s constitution may place additional burden on the club.
Thirdly, it is to identify whether the document is formatted so that it is set out in a more coherent
and logical manner.
Fourthly, it is to identify where change is required to reflect relevant legislative provisions so that
the constitution properly reflects the current state of the law and best practice and can be read
without constant referenced sections in legislation.
Due to the many mandatory and best practice requirements required in the club’s new
Constitution, our solicitors Pigott and Stinson have recommended that the club’s new constitution
is voted upon as a complete document. If the changes were few in number and minor in changes
then a comparative old, new paragraph method would be more suitable. However this is not the
case.
The Board’s constitutional sub-committee which comprised Jane Millar, Jim Rogers, Kevin Tibbett,
Tony McCabe and Keith Castle have all agreed on the draft constitution and subsequently the Board
has unanimously agreed that the members be invited to vote on the new constitution at a General
Meeting.
The Board has decided that a 28 day review period be instigated to allow the clubs member’s to
familiarize themselves with the new constitution by , placing the new constitution on the club’s
notice board, placing the constitution on the club’s website, hold an information night, and allow
for written submissions from our members. The key dates for this process are:
Review period 1st - 14th June
Written submission, COB Tuesday 14th June
Information night, 7 pm Tuesday 14th June
General Meeting, 7 pm Tuesday 28June
Yours
Sincerely
Dr Kevin Tibbett
President, Byron Bay Services Club
10th May 2016