Dear Member,
As members are aware the proposed changes to the Constitution that were included in the January 2016 AGM were withdrawn on the evening due to a concern with the wording of the notice of motions raised by a member.
Since the AGM, Phil Green, the Chair of the Constitution Review Committee and the General Manager in consultation with the committee and Board, have sought further advice from Clubs WA to ensure that the Constitution as proposed complies with ongoing changes to legislation. In addition the commencement of the Associations Incorporation Act 2015 on 1st July 2016 will see further changes required to be made to the Club’s Constitution (the Club will have three years to adopt these changes). Acceptance of the Proposed Constitution prior to the 1st July 2016 will ensure a far easier adoption of the new requirements necessary for compliance with the new Act.
Clubs WA have reviewed in detail the Proposed Constitution dated 21st December 2015 (agenda item at the January 2016 AGM) and have made recommendations such that it will meet the approval of both the Department of Racing, Gaming and Liquor (RGL) and the Department of Commerce. These recommended changes are being finalised at present and once the Board is satisfied with these, the Club will submit the Proposed Constitution to Clubs WA, and then the Department of RGL to ensure it complies with and meets the requirements of the Liquor Control Act 1988 (WA).
The main area of feedback from Clubs WA is around the membership categories. Members will recall that it was proposed to move the membership categories from the Constitution to the By-Laws. The latest advice we have received indicates that the Department of RGL will require that these membership categories remain within the Constitution.
The Department of RGL will take up to four weeks to review the Proposed Constitution. During this time, the Club will also make the Proposed Constitution available for members on the website along with explanatory notes outlining the changes to the Club’s existing Constitution and the new recommendations as mentioned above.
Due to the interdependency of gender and voting rights, it was not possible to provide a version of the existing Constitution with all changes tracked. This was also due to the change throughout the document to plain English language. This remains the case, however the explanatory notes will address these changes and members are encouraged to refer to this document.
The club’s by-laws can be amended by the Board at any time and come into effect after 3 weeks’ notice to the membership. The current by-laws will require amendment to reflect the changes in the Constitution and ensure equality within the membership categories with respect to playing rights and fees. These will be drafted for consideration by the membership in conjunction with the proposed constitution following the initial review by the Department of RGL.
Any questions that members may have can be addressed to the General Manager during this review period.
Once the Department of RGL has approved the Proposed Constitution, the Club will advise the members of a Special General Meeting to be held for members to vote on the adoption of the Proposed Constitution. As a reminder, a minimum of 75% of those members present are required to vote in favour in order for the Proposed Constitution to be approved. Prior to the Special General Meeting both the new constitution and supporting
Members will recall that the Constitution Review Committee set out to modernise the Club’s Constitution with regard to plain English and to ensure gender equality. Members are encouraged to support these changes to ensure the Club has a Constitution that is relevant in today’s society and meets the changing needs of the Club. In not supporting the Proposed Constitution and accompanying by-laws, the Club faces the very real risk of these changes being forced upon it in a manner that may not be in the best interests of the Club, a situation I am sure you would agree would not be desirable.
The Board will provide a further update in due course.
Yours sincerely
Russell O’Callaghan
President
For, and on behalf of the Board of Management
