Model Rules Introduction PRESENTATION DOCUMENT This document runs - PowerPoint PPT Presentation

Model Rules

Introduction  PRESENTATION DOCUMENT  This document runs along side the PCAV Model Rules for Clubs.  This document is a guide which attempts to explain the elements within the PCAV Model Rules and asks questions to help Clubs examine their potential needs.  MR = Consumer Affairs Model Rules – the wording is directly from this document.  PCAV MODEL RULES  The PCAV Model Rules for Club should not be used without Clubs reading them and ensuring they fit your style of management.  The PCAV Model Rules are a guide or suggestion. They are based on the Consumer Affairs Model Rules.  It is very important that you understand your Model Rules and that each of your Committee Members has a copy, they should be at your meeting each time.

Part 1 ‐ Preliminary  Areas covered:  1. Name  2. Purpose  3. Financial Year  4. Definitions

1. Name  The name under which your incorporated Association will be known.  Your Association will commonly be called your Club however it is a legally created entity (body) and must act under the direction of the Associations Incorporations Reform Act 2012.  Incorporated bodies need a set of rules to govern themselves with they are known as the Rules or Incorporation or Constitution.  Consumer Affairs creates what are know as the Model Rules, they are written with all required elements of the Act.  Required Provision

2. Purpose  A new requirement of the Incorporated Associations Reform Act 2012  Your Club must define it’s purposes for operation.  Suggested purpose: To instil in riders a love of horses and horse riding in a supportive, innovative and fun  club environment. Through innovative coaching and learning strategies provide a fun, challenging and  interactive environment for riders to learn about horse care and riding. Create a positive, supportive and educational environment for families to come  together to share their love of horses and horse riding. To encourage young people to ride and to learn to enjoy all approved kinds of sport  connected with horses and riding. To provide instruction in horsemanship and to instil in members the proper care of  their animals, and through this medium to promote the highest ideals of sportsmanship, citizenship, and loyalty, and to cultivate strength of character and self ‐ discipline in the members of the Clubs.  Required Provision

3. Financial Year  The financial year of your Club must be recorded in your rules of incorporation.  Your financial year will determine when you must hold an Annual General Meeting of your Association.  By law your Club AGM must be held 5mths after the end of your Club’s financial year.  Ie. Financial year ends 31 st December you must hold an AGM by the end of MAY and submit your Annual Statement to Consumer Affairs within a month of the AGM.  If you are unaware of when your financial year ends contact Consumer Affairs.

4. Definitions  Definitions assist with defining any specific terms that appear within your Rules of Incorporation.

Part 2 – Powers of Association  5. Powers of Association  As per the model rules.  Sets out what the powers of an Incorporated Association are.  6. Not for Profit Organisation  As per the model rules.  What being a Not For Profit Association is.  These two Rules are lifted from the Model Rules, and they place boundaries around the operation of an Incorporated Association.

Part 3 – Members, Disciplinary Procedures & Grievances Division 1 ‐ Membership  7. Minimum Number of members  An Incorporated Association must have 5 members to become and maintain incorporated status.  You may have more than this as a minimum if your Club wishes.  If your Club only has five members, these members must make up the Committee of Management which must also have no less than 5 members.  8. Eligibility  Required Provision  Sets out who is eligible to obtain membership with your Club  9. Application for New & Renewing membership  Required Provision – Rule 9(2)  How does someone apply for membership of your Club?  10. Consideration of Membership Application  How do you decide to accept a membership?  How do you tell someone that their application has been accepted or rejected?  11. New & Renewing Membership  How does someone apply for membership of your Club?

Part 3 – Members, Disciplinary Procedures & Grievances Division 1 ‐ Membership  12. Association Membership Categories & Membership Fees  Model Rules say set at AGM by members … PCAV Model Rules say Committee set annually or as required.  Who sets the membership fees? Who endorses them? The Committee of Management or the Members at an AGM?  It is best not to record your actual membership fees in your Rules of Incorporation because if you do this you will need to change your rules every year and submit them to Consumer Affairs and pay for updating your rules!  Things to consider: How much does your Club charge to be a member?  Is it different for different members? eg. Juniors, families, club supporters  Are there other fees associated with being a member eg. Working Bee levy  What date are fees due?  Is there a penalty for paying late? Is there a bonus for paying early?  Which members are eligible to vote on issues such as elections or issues affecting the  club or membership? Will you reduce the fees for members joining part year?   Should some of this be recorded in your Rule of Incorporation to hardwire it into your operations

Part 3 – Members, Disciplinary Procedures & Grievances Division 1 ‐ Membership  13. General Rights of Members  Required Provision  These rights are the broad rights of a member under the Association Incorporations Act, if there are more rights you would like to hard wire into your Club’s operations this is the place to do so, however; if there are rights you would like to change as the needs of your Club change it may be best to  stipulate these with your membership categories.  14. Non ‐ Voting Members Required Provision  MR set the age at 15years, is your Club happy for members at this age to have a vote on issues  affecting your Club on a governance level … set this at the age you feel is appropriate. This would mean that riders/members from the age of 15 years could have a vote on who  represented the Club on the Committee. Is your Club happy with this?  15. Rights not transferable Required Provision  Wording as set out in the CAV Model Rules   16. Ceasing Membership  Required Provision  Wording as set out in the CAV Model Rules

Part 3 – Members, Disciplinary Procedures & Grievances Division 1 ‐ Membership  17. Resigning as a member  Required Provision  Wording as set out in the CAV Model Rules  18. Register of Members  MR – must be in your ROI’s requirement under the Act. Your Club should decide if this is the information kept on the PCAV Membership  Database. Your Club should also decide if this is your register of members, is it also your register  of voting members, if not where do you keep your voting members list. Your voting members are those who get to decide who is to be elected to your  Committee of Management in the case of an election and are able to vote on changes to your ROI’s if and when required.  Very important … Club’s need to be aware who has voting rights in the Club.

Part 3 – Members, Disciplinary Procedures & Grievances Division 2 ‐ Discipline  Areas covered:  19. Grounds for taking disciplinary action  20. Disciplinary sub ‐ committees  21. Notice to members  22. Decision of the disciplinary sub ‐ committee  23. Appeals  24. Conduct of disciplinary appeal meeting  Required Provision  Wording as set out in the CAV Model Rules ‐ this must be incorporated in your Rules of Incorporation, solid process for managing disciplinary action.

Part 3 – Members, Disciplinary Procedures & Grievances Division 3 ‐ Grievance  Areas covered:  25. Application  26. Parties must attempt to resolve the dispute  27. Appointment of mediator Have included PCAV in this process.   28. Mediation process  29. Failure to resolve disputes by mediation  Required Provision  Wording as set out in the CAV Model Rules ‐ this must be incorporated in your Rules of Incorporation, solid process for managing disciplinary action.

Part 4 – General Meetings of the Association  Areas covered:  30. Annual General Meetings  31. Special General Meetings  32. Special General Meetings held at the request of members  33. Notice of general meetings  34. Proxies  35. Use of technology  36. Quorum at general meetings  37. Adjournment of general meeting  38. Voting at general meeting  39. Special resolutions  40. Determining whether resolution carried  41. Minutes of general meeting  As set out in the MR, this must be incorporated in your Rules of Incorporation, ensures meetings are held in a fair way.