Returned & Services League of Australia. (Tasmania Branch) Inc. ABN Constitution

Transcription

1 A Returned & Services League of Australia (Tasmania Branch) Inc. ABN Constitution ANZAC House, 206 New Town Road, NEW TOWN, Tasmania, May

2 TABLE OF CONTENTS 1. NAME 2. REGISTERED OFFICE 3. INTERPRETATION 4. OBJECTS 5. APPLICATION OF INCOME AND PROPERTY 6. EXCLUSION OF MODEL RULES 7. WINDING UP OF THE BRANCH 8. INCONSISTENCY 9. RULES CONSTITUTE THE TERMS OF A CONTRACT 10. MEMBERSHIP, SUBSCRIPTION AND CAPITATION 11. DISPUTES AND THEIR RESOLUTION 12. DISCIPLINARY POWERS OF A SUB-BRANCH AND APPEALS ARISING THERE FROM 13. STATE BRANCH TRIBUNAL 14. DISCIPLINARY POWERS OF A STATE BRANCH TRIBUNAL AND APPEALS ARISING THERE FROM 15. DELETED 16. PROVISIONS AS TO LIFE MEMBER S SUSPENDED FROM MEMBERSHIP OR OTHERWISE DISCIPLINED 17. READMISSION OF PERSONS PREVIOUSLY EXPELLED FROM MEMBERSHIP 18. SUBSCRIPTIONS 19. ANNUAL CONGRESS AND EXTRAORDINARY CONGRESS 9 May

3 20. CONTRAVENTIONS BY SUB-BRANCHES 21. POWER OF SUB-BRANCHES TO DEAL WITH PROPERTY AND FINANCIAL MATTERS 22. AMALGAMATION 23. STATE BRANCH AND SUB-BRANCH CAPITATIONS, CONTRAVENTIONS, CESSATION AND WINDING UP, ADMINISTRATIVE APPEALS TO NATIONAL EXECUTIVE 24. GENERAL MEETINGS OF SUB-BRANCHES 25. AMENDMENT OF THIS CONSTITUTION 26. BRANCH OFFICERS, CHIEF EXECUTIVE OFFICER AND CONDUCT OF THE BRANCH 27. THE STATE EXECUTIVE AND GOVERNMENT OF THE BRANCH 28. FINANCE COMMITTEE 29. CHIEF EXECUTIVE OFFICER 30. HONORARY STATE TREASURER 31. THE SEAL 32. NOMINATION AND ELECTION OF THE BRANCH OFFICERS 33. BY-LAWS 34. NOTICES 35. INDEMNITY 9 May

4 RSL (Tasmania Branch) Inc. Constitution Amendments Page Amendment Number Date of Issue Copy amended by Name Date Entered Initials 8 May 2009 Complete Document Re-write 1 1 June 2010 Reissue includes amendments from State Congress Sept 2012 Amendments from State Congress May Amdt Rule 12.4 State Congress 17 May Amdt Rule 26 State Congress 16 May May 2016 Amendments From State Congress Jan 2017 Amendments From Extraordinary State Congress May 2017 Amendments From State Congress May

5 ASSOCIATIONS INCORPORATION ACT 1964 CONSTITUTION OF THE TASMANIA BRANCH INCORPORATED OF THE THE RETURNED & SERVICES LEAGUE OF AUSTRALIA LTD 1. NAME 1.1 The name of the organisation shall be The Returned & Services League of Australia (Tasmania Branch) Inc. Its motto shall be The Price of Liberty is Eternal Vigilance. It aims to uphold loyalty to the Nation and its Sovereign and to uphold the Westminster system of Government and the Constitution of the Nation. 2. REGISTERED OFFICE 2.1 The registered office of the Tasmania State Branch, (known as the Branch ), shall be situated at such place in Tasmania as the State Branch may, from time to time, determine. 3. INTERPRETATION This Constitution shall be construed with reference to the Associations Incorporation Act. Terms used herein shall be taken as having the same meanings as they have when used in that Law unless the contrary intention appears. In this Constitution, unless the contrary intention appears: Affiliate means an Affiliate of the Branch admitted pursuant to these Rules; Associate means an Associate Member pursuant to Rule 10.13; (e) (f) Branch means Returned & Services League of Australia (Tasmania Branch) Incorporated; By-Laws mean the by-laws of the Branch; Honorary Life Member means a person who has been admitted to that class of membership pursuant to Rule 10.11; Life Members means a Service Member who has been elected to that class of membership pursuant to Rule 10.10; 9 May

6 (g) (h) (j) (k) (l) (m) (n) (o) (p) (q) Member means a natural person who has been admitted to any one of the classes of members described in Rule 10.1 and a Sub-Branch; Member of the Australian Defence Force means a person who is or was a member of the Royal Australian Navy, Australian Army or Royal Australian Air Force and includes a person who is or was a member of the Permanent Forces, Citizen Forces, Reserve Forces, Emergency Forces or Emergency Reserve Forces or a member of a military force raised in time of war or for a specified period, or for the purposes of peacekeeping or related activities; RSL National means the Returned & Services League of Australia Limited (ACN ); State Congress means a general meeting of the Sub-branches affiliated with the Branch; State Executive means the board of management of the Branch constituted by Rule 27 and comprising those persons set forth in that Rule; State Secretary means the Chief Executive Officer of the Branch; Chief Executive Officer means the Chief Executive Officer appointed pursuant to Rule 29; Service Member means a person who has been admitted to that class of membership pursuant to Rule 10.6; person means a natural person; Social member means a person who has been admitted as a social member of a Sub-branch pursuant to Rule 10.12; State Branch Disciplinary Committee means a standing Committee of the State Executive pursuant to Rule 27.4 (j); (r) State Branch Tribunal means the Tribunal established pursuant to Rule 13; (s) State Executive means the State Executive referred to in Rule 27; (t) (u) Sub-Branch means a Sub-branch of the Returned and Services League of Australia established by the Branch and holds a Charter Sub-Branch Delegate means a Delegate of the Sub-Branch appointed under Rule 19 who has the right to vote on behalf of its Sub-Branch at the Congress of the Branch; 9 May

7 (v) (w) (x) (y) Tax Act means the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997, as applicable; The Act means the Associations Incorporation Act 1964 (Tasmania Parliament), as amended from time to time. words importing the masculine gender include the feminine gender and words importing the feminine gender include the masculine gender; and words in the singular include the plural and words in the plural include the singular. 4. OBJECTS 4.1. The objects of the Branch are: (e) (f) (g) provide for the sick, helpless, wounded, aged, disabled, destitute, vulnerable and needy among those who are serving or who have served in the Australian Defence Forces, the various British Commonwealth Defence Forces, members of allied Defence Forces and their dependants; perpetuate the close and kindly ties of friendship created by the mutual service in the Australian Defence Forces or in the forces of nations traditionally allied with Australia and the recollections associated with that experience; maintain a proper standard of dignity and honour among all past and present members of the Australian Defence Forces and set an example of public spirit and noble hearted endeavour; preserve the memory and records of those who suffered and died for Australia, erect monuments to their valour, provide them with suitable burial places, and establish and preserve, in their honour, the annual commemoration day known as ANZAC Day; encourage loyalty to Australia and secure patriotic service in the interests of Australia; protect the good name and preserve the interests and standing of members of the Australian Defence Forces; encourage a Member as a citizen, to serve Australia with that spirit of self sacrifice and loyalty with which they served as members of the Australian Defence Forces; 9 May

8 (h) (j) ensure that the Branch is a non-sectarian, and in relation to party politics, a nonpartisan association. to abide by and actively carry out Standing Policy of the League and to encourage its Sub-Branches and Sub-Branch Members to support and actively carry out such Standing Policy so far as is permitted by State and Commonwealth law. to provide for the sick, helpless, wounded, aged, disabled, destitute, vulnerable and needy Powers of the Branch In furtherance of the purposes set out above, the Branch has the power to: (e) (f) (g) (h) subscribe to, become a member of and cooperate with any other association, club or organisation, whether incorporated or not, whose objects are all or in part similar to these objects of the Branch provided that the Branch must not subscribe to or support with its funds any club, association or organisation which does not prohibit the distribution of its income and property among its members to an extent at least as great as that imposed on the Branch under these rules; by charter establish and constitute Sub-Branches of the Branch throughout Tasmania; suspend a Sub-Branch; administer, conduct and maintain the affairs of a Sub-Branch; wind up and dissolve a Sub-Branch; revoke, withdraw or amend any charter granted to a Sub-Branch; establish and maintain the Women s Auxiliaries, and other subsidiary associations or sections throughout Tasmania; to establish and accept trusts having for their object the welfare and benefit of any member of the Branch or its Sub-Branches, or any member or ex-member of the Australian Defence Forces or their dependants; make grants, donations, gifts and give assistance to such persons, trusts, groups, associations, societies, institutions or other entities as the Branch thinks fit; 9 May

9 (j) (k) (l) (m) (n) (o) (p) (q) purchase, take on lease or in exchange, hire and otherwise acquire any lands, buildings, easements or property, real and personal, and any rights or privileges which may be requisite for the purposes of, or capable of being conveniently used in connection with, any of the objects of the Branch, provided that if the Branch takes or holds any property which is subject to any trusts, the Branch must deal with the property in such manner as is allowed by law having regard to such trusts; enter into any arrangements with any government or authority that are incidental or conducive to the attainment of the objects and the exercise of the powers of the Branch, to obtain from any such government or authority any rights, privileges, concessions, licenses, permits or registrations which the Branch may think it desirable to obtain, and to carry out, exercise and comply with any such rights, privileges, concessions or licences; appoint, employ, remove or suspend such managers, clerks, secretaries, servants, workmen and other persons as may be necessary for the purposes of the Branch; construct, improve, maintain, furnish, develop, work, manage, carry out, alter or control any houses, buildings, clubrooms, information bureaux, libraries, literary, social, educational and benevolent institutions, grounds, works or conveniences which directly or indirectly advance the Branch s interests, and to contribute to, subsidise or otherwise assist and take part in the above; invest and deal with the money or other assets in furtherance of the objects of the Branch; take, or otherwise acquire, and hold shares, debentures or other securities of any company or body corporate; lend and advance money or give credit to any person or body corporate, to guarantee and give a guarantee or indemnity for the payment of money or the performance of contracts or obligations by any person or body corporate, and otherwise to assist any person or body corporate; borrow or raise money either alone or jointly with any other person or in such manner as may be thought proper and whether upon fluctuating advance account or overdraft or otherwise to secure any monies and further advances borrowed or to be borrowed alone or with others as aforesaid by notes secured or unsecured, debentures or debenture stock perpetual or otherwise, or by 9 May

10 mortgage, charge, lien or other security upon the whole or any part of the Branch s property or assets present or future and to purchase, redeem or pay off any such securities; (r) (s) (t) (u) (v) (w) (x) (y) (z) (aa) (bb) draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, and other negotiable or transferable instruments; sell, improve, manage, develop, exchange, lease, dispose of, turn to account or otherwise deal with all or any part of the property and rights of the Branch; take or hold mortgages, liens or charges, to secure payment of the purchase price, or any unpaid balance of the purchase price, of any part of the Branch s property of whatsoever kind sold by the Branch, or any money due to the Branch from purchasers and others; take any gift of property whether subject to any special trust or not, for any one or more of the objects of the Branch; take such steps by personal or written appeals, public meetings or otherwise, as may from time to time be deemed expedient for the purpose of procuring contributions to the funds of the Branch, in the shape of donations, annual subscriptions or otherwise; print, circulate and publish a newspaper, paper, periodical, book, magazine, circular or leaflet that the Branch may think desirable for the promotion of its objects; amalgamate with any one or more incorporated associations having objects all or in part similar to those of the Branch and which prohibit the distribution of its or their income and property among its or their members to an extent at least as great as that imposed upon the Branch under the rules; purchase or otherwise acquire and undertake all or any part of the property, assets, liabilities and engagements of any one or more of the incorporated associations with which the Branch is authorised to amalgamate; transfer all or any part of the property, assets, liabilities and engagements of the Branch to any one or more of the incorporated associations with which the Branch is authorised to amalgamate; transact any lawful business in furtherance of the Branch objects; do all such other things as are incidental or conducive to the attainment of the objects and the exercise of the powers of the Branch; and 9 May

11 (cc) to make application pursuant to the appropriate legislation from time to time enacted and currently in force, or any re-enactment or amendment thereof and to hold, transfer, renew, vary, reinstate, remove or surrender any licence, permit or authority if and when it is appropriate or opportune to do so, and to do and perform all acts and things which may be necessary to retain and protect any such licence, permit or authority. 5. APPLICATION OF INCOME AND PROPERTY 5.1. The income and property of the Branch shall be applied exclusively for the promotion of the objects of the Branch. No amount may be distributed directly or indirectly to any Member except as a bona fide remuneration for services rendered or expenses incurred on behalf of the Branch and its Sub-Branches. The Office Bearers and members of the State Executive save and except for the CEO shall not receive remuneration for services rendered. They shall receive refund of appropriate expenses incurred on behalf of the Branch and/or on honorarium as determined by the Finance Committee or the State Executive. 6. EXCLUSION OF MODEL RULES 6.1 That pursuant to Section 16.3 of the Act, the Model Rules prescribed in the Regulations to the Act are excluded and do not apply to these Branch Rules. 7. WINDING UP OF THE BRANCH 7.1 If, upon the winding up or dissolution of the Branch, there remains, after the satisfaction of all its debts and liabilities, any property whatsoever (Residual Assets), the same shall not be paid to or distributed to the Members, but shall be transferred or given to the Returned & Services League of Australia Limited and can be used as far as possible for the welfare of veterans and their dependants in Tasmania, and thereafter for the fulfilment of the League s objects. 8. INCONSISTENCY 8.1 If there is any inconsistency between these Rules and the National Constitution, the National Constitution shall prevail. 9. RULES CONSTITUTE THE TERMS OF A CONTRACT 9.1 These rules constitute terms of a contract between the Branch and a Member. 9.2 A Member must not: 9 May

12 aid, abet, procure or induce a person to breach these rules or the National Constitution; in any way, directly or indirectly, be knowingly concerned in or a party to a breach of these rules or the National Constitution; or attempt to breach these rules or the National Constitution. 9.3 A Member must do everything in his control to ensure that these rules and the National Constitution are not breached by a person. 9.4 A Branch By-Law is binding on a Sub-Branch, Women s Auxiliaries, a section or association subsidiary to the Branch, or a Sub-Branch member, to the same effect as these rules. 10. MEMBERSHIP, SUBSCRIPTION AND CAPITATION 10.1 The membership of the Branch shall consist of six classes, namely: 1. Service Members; 2. Life Members; 3. Honorary Members; 4. Honorary Life Members; 5. Affiliates; 6. Sub-Branches Rules binding on a Member A member including a Sub-Branch agrees to be bound by virtue of his/its membership of the League by these Rules and the National Constitution The secretary of a Sub-Branch must keep and maintain a register of all persons who are members of the Sub-Branch that clearly indicates the category of membership to which the member has been so admitted, including Social Members. The register of members of a Sub-Branch must include the full name, address, qualifying service particulars (if applicable), date of entry and date of departure or death (if applicable) of a member of the Sub-Branch The Branch must keep and maintain a register of Unattached List members. The register must include the full name, address, qualifying service particulars, date of entry and date of departure or death (if applicable) of an Unattached List member. The Branch must also maintain a member register of Sub-Branch members. 9 May

13 10.5 Rights of an Unattached List member An Unattached List member has no right: (ii) to call for a meeting of the Unattached List members; or to call, attend or vote at a meeting of a Sub-Branch Lodgement of application to be admitted as a Service member of the League An application to be admitted as a Service member of the League must comply with the National Constitution. A person, who applies to be a Service member of the League and a Service member of a Sub-Branch, must lodge the application with the secretary of the Sub-Branch. A person, who applies to be a Service member of the League and an Unattached List member, must lodge the application with the Branch Admission of a Service member of the League If the Branch or the Sub-Branch (as applicable) resolves that a person is eligible under the National Constitution to be admitted as a Service member of the League and the person complies with Rule 10.6, the person must be admitted within sixty days of the date the application was lodged Rejection of application to be admitted as a Service member of the League If a Sub-Branch resolves that a person applying to be admitted as a Service member of the League is not eligible under the National Constitution to be admitted, the Sub-Branch must, within fourteen days from the date of the resolution, forward the application, supporting documentation, the Annual Subscription and reasons for the resolution to the Branch and the application is to be dealt with by the Branch under Rules 10.8 or. If the Branch resolves that the person applying to be admitted as a Service member of the League is eligible under the National Constitution to be admitted, the Branch must direct the Sub-Branch to admit the person and the Sub-Branch must admit that person. If the Branch resolves that the person applying to be admitted as a Service member of the League is not eligible under the National Constitution to be admitted, the Branch must: reject the application; and 9 May

14 (ii) within fourteen days of the date of the rejection, advise the person of the decision, the reasons for the decision and his right of appeal to the State Branch Tribunal, pursuant to Rule 10.8 and the Tribunal shall act in accordance with its normal procedures. Annual subscriptions for Service Members shall be payable in advance on 1 January of each calendar year. If a Member fails to pay his/her annual subscription on or before 30 April following upon the date annual subscription becomes due and payable, the person shall cease to be a Member Affiliate Members of Branch (e) All Sub-Branches within the Tasmania Branch are bound to adopt, and to accept, Affiliate Members. Affiliate Members shall carry out and further the Objects of RSL National in the same manner as a Service member. Affiliate Members shall have a separate badge to the League and shall be in such form as the National Executive determines. Each Affiliate Member shall, on payment of the first annual subscription, be issued with a badge as part of their annual subscription. No person who is eligible for Service membership of the League shall be admitted as an Affiliate Member. The eligible persons who may be accepted as Affiliate Member are those who do not qualify for Service membership and comply with the following: (ii) (iii) (iv) (v) a person who is not eligible to be a Service member; is eighteen years of age or older and; a person who is any relative of a person (living or deceased) who is or was eligible to be a Service member; a person who has been awarded the Certificate of Merit or a National or State Certificate of Appreciation for giving valuable service to the League; a person who is, or has been, a member, for at least 6 months, of one of the following: A. A State or Federal Police Force; B. An Ambulance Service or Brigade; 9 May

15 C. A Fire Brigade or Fire Authority; D. A State Emergency Service. E. Cadets and Cadet Officers over the age of 18. F. Any such person deemed by the Sub Branch Committee to have provided significant service to the Sub Branch and support of the Objects of the League may be admitted as an Affiliate. (vi) And has signed an Affiliate Member application form, as prescribed by the State Branch, which expressly requires the Affiliate Member to agree to be bound by the National Constitution, these Rules and By-Laws and any Rules and By-Laws of the Sub-Branch. (f) (g) (h) Any person being eligible to be an Affiliate Member may apply for such by lodging with the Sub-Branch Secretary an application, on the prescribed form, and must be nominated by a Service, Life Member or an Affiliate Member, and seconded by a Service, Life member or an Affiliate Member. The name of the person applying to be an Affiliate Member must be displayed in a conspicuous place in the Sub-Branch premises for at least two (2) weeks before consideration of the application at a meeting of the Committee of the Sub-Branch. An Affiliate Member of a Sub-Branch may be a Member of the Committee of that Sub-Branch, subject to the following: (ii) (iii) An Affiliate Member, may not be elected to the positions of President (League Member) of a Sub Branch (save and except for the provision of Rule 10.9(h)(iv)). An Affiliate Member may not be elected to the position of Vice President (League Member) of a Sub Branch, but may be elected to the position of Vice President (Affiliate), if such a position has been made available pursuant to a decision passed at an AGM of that Sub Branch; That an Affiliate Vice President shall have no right to succeed a President of a Sub-Branch in the event of that Office becoming vacant. That the number of Affiliates and Social members on the Committee including Executive positions shall not be greater than 60% of the total membership of the Executive and Committee or such lesser percentage as 9 May

16 may be determined by the Sub-Branch in General Meeting from time to time. (iv) Notwithstanding other provisions in these rules and subject to a resolution by a 75% majority of an Annual General Meeting or Special General Meeting of the members of a Sub Branch; in the case of a traditional or remote Sub Branch where no Service or Life Member is able to fill the position of Sub Branch President (League), the State Executive may agree to fill the President s position with an Affiliate Member. (j) (k) An Affiliate Member on the Committee of a Sub-Branch may speak and vote on all matters relating to the Sub-Branch, save and except the matters referred to in sub-rule (k) as matters relating to matters of Affiliates not speaking and voting. An Affiliate Member shall not hold any other Office other than a member of the State Executive pursuant to the provisions of Rule 27. A person may only be an Affiliate Member of one Sub-Branch at any one time. An Affiliate Member shall be able to be transferred to the Unattached List. (ii) An Affiliate Member shall have the following voting and speaking rights: An Affiliate Member may speak and vote at a meeting of the Sub Branch on any Sub Branch matter, including voting for all Sub Branch Committee positions, save and except that an Affiliate Member may not speak or vote on any matter relating to the alteration or amendment to the National Constitution, the Branch Constitution or cast votes for the elections for Branch positions. An Affiliate Member shall not be entitled to speak and vote at a meeting of the Sub Branch in relation to the Sub Branch voting for Divisional representatives. (l) (m) Where an Affiliate Member is a member of the State Executive, the Affiliate Member shall be able to speak at the State Executive on all matters and shall vote on all other motions other than those for the amendment of the National Constitution or the Branch Constitution. An Affiliate Member shall pay to that Sub-Branch such annual subscription as is determined by that Sub Branch, including an amount equal to the administrative fee payable to the RSL State Branch and to RSL National, from time to time by the State Annual Congress, 9 May

17 (n) (o) (p) (q) A Sub-Branch shall pay to the State Branch such proportion of a subscription received from an Affiliate Member as determined, including an amount equal to the administrative fee payable to the League, from time to time by the State Annual Congress. The State Branch shall pay annually, in relation to an Affiliate Member, to RSL National at the same time as it pays its capitation fees, a fee in respect of each Affiliate Member, equal to the amount of the capitation fee set by National Congress for that year. Annual Subscriptions shall be payable in advance on 1 st January in each calendar year. A Sub-Branch must forward to each Affiliate Member, a notice for the renewal of membership at least one month before the end of the financial year and the member must pay the account by the 30 th April of each year. An Affiliate Member, who does not pay his annual subscription by 30 th April, ceases to be an Affiliate Member Life member of the League The Branch may propose to the National Executive that a Service member who is eligible under National Rule 13 and National By-Law 2 be admitted as a Life member of the League. The State Executive or a Sub-Branch may make a written recommendation to the Branch that the Branch propose to the National Executive that a Service Member of the League be admitted as a Life member of the League. A recommendation made by the State Executive or a Sub-Branch under Rule 10.10, must be supported by reasons including evidence of eligibility under National Rule 13 and National By-Law 2. If a Service member, proposed for Life membership, is also a member of a Sub- Branch, that Sub-Branch shall pay to the State Branch such fees as the Annual Congress determines from time to time Honorary member and Honorary Life member of the League The Branch may recommend to the National Executive that a person who is eligible under National Rule 14 be admitted as an Honorary member of the League. The Branch may recommend to the National Executive a person be admitted as an Honorary Life member of the League. 9 May

18 10.12 Social Members of Sub-Branches The Branch may make provision for the admission of Social Members of Sub- Branches within its jurisdiction upon such terms and conditions as it considers necessary General Provisions as to Membership (e) A Service member, or a Life member, who is also a member of a Sub-Branch shall not be eligible to be a member of another Sub-Branch but may apply to be admitted as an Associate thereof. Such an application shall be lodged with the Secretary of that other Sub-Branch and if the Committee accepts his application, and he is admitted, he shall be known as an Associate of that other Sub-Branch. An Associate member of a Sub-Branch may only remain an Associate member if he continues to be a Service member or a Life member of his original Sub- Branch. A Service member or Life member, who is also an Associate member, shall only be entitled to hold office, vote and speak, on any matter, at a meeting of not more than one Sub-Branch, and at time of application to become an Associate member must declare which Sub-Branch he or she wishes to hold office, vote and speak at. The annual subscription payable by an Associate of that other Sub-Branch shall be the annual subscription payable by a Service or Life Member, of that Sub- Branch, less capitation. A Service member or Life member, to whom Rule applies shall: (ii) (iii) elect in writing the Sub-Branch in which he wishes to be eligible to hold office, vote and speak; deliver such election to all the Sub-Branches of which he is a member and associate with a copy to be lodged with the Chief Executive Officer. Until he has complied with Rule 10.13, he shall only be entitled to hold office, vote and speak at the Sub-Branch of which he is a Service member or Life member and such election shall not be able to be revoked during the membership year in which it is made. (f) The Committee of the Sub-Branch may at any time revoke the Associate membership of a person and upon such revocation being made such person shall cease to be an Associate member of the Sub-Branch. 9 May

19 (g) (h) Notwithstanding the provisions of this Constitution, no person shall be admitted as member who is considered to be, in the interests of the League, not a fit and proper person to be a member. The By-laws may make provision for terms and conditions of membership (including applications for and resignations from) not otherwise provided for in this constitution Transfer of a Member In this Rule 10.14, a reference to a Sub-Branch is a reference to a Sub-Branch of this Branch or a Sub-Branch of another State Branch. Subject to Rule10.14, a Member may make a written request to the Branch to transfer from: (ii) (iii) A Sub-Branch to another Sub-Branch; A Sub-Branch to the unattached list of Members; The unattached list of Members to a Sub-Branch; (e) A member may apply for a transfer from his Sub Branch, or in the case of members on the Unattached List, his State Branch, by applying through his old Sub Branch before the application is passed to the receiving or gaining Sub Branch or State Branch, using the prescribed Request for Transfer of Membership Form. This is to permit the losing Sub Branch to give financial clearance for any debts etc. that the transferring member may have incurred and particularly to check that he is not under suspension or had his membership cancelled. The Sub-Branch from which the Member is being transferred from must immediately pay the Branch or the Sub-Branch to which the Member is being transferred to (as applicable) the Annual Subscriptions paid in advance by the Member except the current years Annual Subscription. That where a Life Member transfers interstate to another State Branch as the Member s primary Sub-Branch, the transferring Sub-Branch shall pay the receiving State Branch that portion of the Life Membership fee that remains for that Member in its Life Membership fund and the receiving State Branch shall pay to the receiving Sub-Branch the applicable annual rebate of that State Branch s subscription. 9 May

20 (f) If a Member is transferred from a Sub-Branch to another Sub-Branch, or the unattached list of Members, the Member must, if he is a Member of the Sub- Branch Committee of the Sub-Branch from which the Member is being transferred from: (ii) Immediately resign as a Member of the Sub-Branch Committee; and Immediately cease to participate in any way whatsoever in the activities or decisions of the Sub-Branch Committee. (g) (h) (j) That where a Life Member transfers to another Sub-Branch, the receiving Sub- Branch must extend to that Member all the rights, privileges and honours as extended to a Life Member nominated by that Sub-Branch. Notwithstanding any other provision in these Rules, a member suspended by the State Branch or by a Sub-Branch is precluded from transferring to another Sub- Branch, or visiting another Sub-Branch, during the period of suspension. Affiliate Members of Sub Branches may transfer to another Sub Branch or to the Unattached List in the State of Tasmania only. A Sub-Branch is specifically excluded from the Rule regarding transfer of a member. 11. DISPUTES AND THEIR RESOLUTION 11.1 State branch and sub-branches shall have compulsory mediation/conciliation procedures to resolve disputes before they escalate to a point where formal action needs to be taken and are to act in accordance with by-law 23 of these rules. 12. DISCIPLINARY POWERS OF A SUB-BRANCH AND APPEALS ARISING THERE FROM 12.1 Notwithstanding the provisions of Rule 14, if the Committee of a Sub-Branch has reason to believe that a member: has wilfully refused or neglected to comply with the provisions of this Constitution or the Bylaws of the State Branch; or has been guilty of conduct unbecoming a member; or has been guilty of conduct subversive, prejudicial or detrimental to the interests of RSL National, the Tasmanian Branch or the Sub-Branch; or has been convicted of any indictable offence. 9 May

21 Such member being a Service, Life, Affiliate or Social Member shall give not less than 14 days notice in writing to that member of the date, time and place of its meeting at which it will consider whether or not he has been guilty of such conduct The notice referred to in Rule 12.1 shall be accompanied by a statement in which there shall be set out full and precise particulars of the conduct of the member which will be considered by the Committee Either prior to or at the meeting of the Committee the member concerned may request it to elaborate upon any of the particulars set forth in the said statement. Such a request shall be complied with by the Committee. The said member may put to the Committee at the meeting such facts as he may consider relevant and shall be given every opportunity to address it The Committee shall decide at the meeting whether the member has been guilty of conduct unbecoming a member. If it is satisfied he has been guilty of such conduct, it may resolve that: he be placed on a warning to improve his conduct, or be reprimanded, or be suspended from membership of the Sub-Branch for a period not exceeding 12 months, or (e) in the case of Life, Service and Affiliate Members a Sub-Branch Committee may resolve at any time prior to a decision being made by the Sub-Branch, due to the serious nature of the offence or its inability to hear the matter unbiased, that the matter be referred to the State Branch for consideration and hearing by the State Branch Disciplinary Committee which shall follow, subject to appropriate adaptation as set out in Rules 12.1 to 12.5, or in the case of a Social Member, that the member be expelled from membership of the Sub-Branch The substance and decision of the meeting referred in Rule 12.3 and Rule 12.4 shall be recorded in the minutes of the meeting. Written notices, submissions and other correspondence relevant to the meeting shall be certified within 7 days after the meeting, by its Chairman, after conferring with the other members of the Committee. The member shall as soon as practicable be advised in writing of the Committee's decision and the reasons for that decision. 9 May

22 12.6 The rights of appeal from the decision of the Committee shall be restricted to Service, Life and Affiliate Members, and there shall be no right of appeal in relation to the decision of the Committee concerning a Social Member A Service, Life or Affiliate Member aggrieved by a resolution of a Committee or by the State Branch Disciplinary Committee may appeal to the State Branch Tribunal by notice in writing addressed to the Chief Executive Officer to the Branch who shall forward it to the State Branch Tribunal. Such appeal shall be lodged within 14 days after the notification in writing referred to in Clause 12.5 and upon lodging of the appeal, the decision of the Committee or by the State Branch Disciplinary Committee shall be stayed (unless otherwise ordered by the State Tribunal) until the appeal is concluded, abandoned or discontinued An appeal lodged pursuant to this Rule shall be accompanied by a statement in writing in which the member shall set out the aspect or aspects of the decision which gave rise to the appeal, the grounds of his appeal and the facts upon which he relies. An appeal shall not be treated as valid unless it complies with this Rule Upon receipt of an appeal the Chief Executive Officer shall request the Sub-Branch to forthwith forward to the Branch: all its papers and documents concerning the member, particularly the notice and statement referred to in Rule 12.2; and a copy of its minutes referred to in Rule 12.5 relating to the matter giving rise to the appeal A State Branch Tribunal shall hear and determine an appeal pursuant to this Rule as soon as practicable after receipt by the Chief Executive Officer of the documents referred to in Rule The Sub-Branch and the member concerned shall have a right of personally attending upon the hearing of the appeal or any application to lift a stay by the State Branch Tribunal having given prior notice that they wish to do so. The State Branch Tribunal shall make its decision based on the information presented at the hearing and that decision regarding an appeal against a reprimand or suspension shall be final The written notices submitted and other correspondence relating to the meeting shall be attached and form part of the minutes and the minutes of the appeal hearing shall be certified by the Chairman within 7 days after the meeting. The decision shall be notified in writing to both the Sub-Branch and the member within 14 days of certification by its 9 May

23 Chairman, after conferring with other members of the State Branch Tribunal. A resolution passed pursuant to this Rule whereby a member of a Sub-branch is suspended from membership of that Sub-branch shall not operate to otherwise affect the membership of that member, save and except as provided in Rule 16 Life Members suspended from membership. 13. STATE BRANCH TRIBUNAL 13.1 The Branch shall establish a State Tribunal consisting of no fewer than five Members, at least three of whom shall be Service or Life Members which shall hear the following matters: (e) appeals from decisions of Sub-Branches and the State Branch Disciplinary Committee as to disciplinary matters; disciplinary matters referred to it by the State Branch; appeals or hearings in relation to eligibility for memberships, transfers of membership, as set out in the Rules; and disputes and grievances from individuals arising within the jurisdiction of the State Branch; other such matters referred to it by the State Branch including matters relating to the discipline of a Sub-Branch including the possible suspension and/or removal of a Sub-Branch Charter The State Branch Tribunal shall exercise the powers of the Branch in accordance with this Constitution A member of the State Branch Tribunal shall be deemed to have vacated office if he: (e) Ceases to be a Member; Becomes of unsound mind or a person who is, or whose estate is, liable to be dealt with under the law relating to mental health; Becomes a bankrupt or insolvent or makes an arrangement or composition with his creditors; Is convicted of a serious criminal offence and the State Executive does not within one month of that conviction resolve to confirm the Branch Officer s appointment or election to the office; Resigns by notice in writing to the Branch; or 9 May

24 (f) Moves his principal place of residence outside Tasmania As to its State Branch Tribunal, State Branch shall prescribe: the term of office of its members; and the number of its members which from time to time shall constitute a quorum in any particular matter being not less than three (3) Members; and the procedures to be followed by it; 13.5 Upon the hearing of an appeal pursuant to Rule 12.7, the member concerned shall have a personal right of audience before the State Branch Tribunal or, with its prior leave, may be represented by any non-legally qualified person, and shall be given 28 days notice of the date of that hearing unless the member requests a shorter period The State Branch Tribunal shall make its decision based on the information presented at the hearing The parties to an appeal before the State Branch Tribunal shall each pay their own costs of an incident to the appeal, save and except that the State Branch Tribunal may make such order as it sees fit as to whether or not the personal out-of-pocket expenses incurred by the member in attending on the hearing of his appeal should be paid to him. No payment shall be made in relation to legal expenses That a person lodging an appeal with the State Branch Tribunal shall at the time of lodging the appeal pay to the State Branch the sum of $ being an administration fee. That in the event of the appeal to the State Branch Tribunal being successful, the sum of $ shall be repaid by the Branch to the successful Appellant. 14. DISCIPLINARY POWERS OF A STATE BRANCH TRIBUNAL AND APPEALS ARISING THERE FROM 14.1 Subject to Rule 12 if in the opinion of a State Branch Tribunal, a member: has wilfully refused or neglected to comply with the provisions of this Constitution or the Bylaws of the State Branch; or has been guilty of conduct unbecoming a member; or has been guilty of conduct subversive, prejudicial or detrimental to the interests of the League, the Tasmanian Branch or the Sub-Branch; or has been convicted of any indictable offence. A State Branch Tribunal may, subject to this Rule, resolve to impose a penalty upon him. 9 May

25 14.2 If it is proposed by a State Branch Tribunal to consider whether or not to form an opinion pursuant to Rule 14.1 then: it shall give not less than 14 days notice in writing to the member concerned of the date, time and place of the meeting at which it is proposed to consider whether or not he is guilty of an offence or offences referred to in Rule 14.1; it shall serve on the member, at the time of giving him notice, copies of all papers and documents including full particulars of the alleged offence or offences which will be considered by the State Branch Tribunal at that meeting in accordance with procedures as set out in the By-Laws and conduct a hearing Having formed an opinion a State Branch Tribunal may impose upon a member, one or more of the following penalties: (e) a reprimand; suspension from membership for such period (not exceeding 12 months) as it thinks fit; transfer to the State Branch Miscellaneous List of Members indefinitely or for such period as it determines; disqualified from holding office for a period determined in the Branch or in any Sub-Branch in Tasmania, expulsion from membership of the Sub-Branch and the Branch If the member referred to in Rule 14.1 is also a member of a State Branch Tribunal he shall, absent himself from the meeting of that Tribunal at which the question of his reprimand, suspension, transfer to a Miscellaneous List, disqualification from holding office or expulsion (as the case may be) is being considered. The proceedings of that Tribunal and any resolution thereof passed in the absence of a member to whom this Rule applies, shall be valid The substance and decision of the meeting referred to in Rule 14.2 shall be recorded in the minutes of the meeting. Written notices, submissions and other correspondence relevant to the meeting shall be certified within 7 days after the meeting by its Chairman Within 14 days after such certification, the Chief Executive Officer of the Branch shall notify the member concerned in writing of the precise terms of the said resolution and the reasons for such resolution and of the provisions of Rule 14, concerning appeals. A copy of such notification shall be forwarded to the National Secretary in the case of a Service or Life Member. 9 May

26 15. DELETED 16. PROVISIONS AS TO LIFE MEMBERS SUSPENDED FROM MEMBERSHIP OR OTHERWISE DISCIPLINED 16.1 Where any Life Member has been suspended from membership, transferred to a Miscellaneous List of Members by way of penalty or disqualified from holding office pursuant to this Constitution the State Branch shall recommend to the National Executive whether the Life Member shall forfeit any RSL Award and/or his Life Membership. The National Executive shall, as soon as practicable, consider and decide upon any such recommendation. A Life Member whose Life Membership has been forfeited, shall return to the League his badge depicting his Life Membership and be issued, free of charge, with a badge usually issued to a Service Member. 17. RE-ADMISSION OF PERSONS PREVIOUSLY EXPELLED FROM MEMBERSHIP 17.1 No person who has been expelled from service membership of the Tasmanian Branch shall be admitted as a Service Member, except by the National Executive of RSL National Before the National Executive of RSL National considers any application for admission, it shall seek the views of the relevant State Branch which had jurisdiction over the appellant for readmission prior to the expulsion of that person from the League. 18. SUBSCRIPTIONS 18.1 A Service or Affiliate Member shall pay to that Branch or Sub-Branch (as the case may be) such annual subscription as is determined from time to time Each Sub-Branch shall pay to the Branch a capitation fee as determined by State Congress Annual subscriptions shall be payable in advance on 1 January in each calendar year If a Service Member shall fail to pay his annual subscription on or before April 30 following upon the date annual subscriptions become due and payable, he shall cease to be a Service Member If the Australian Defence Force is engaged in a conflict then any Service Member who is a member of that Force and is engaged in that conflict, shall for the period of his involvement in that conflict, be relieved from any liability to pay annual subscriptions either to the League, State Branch or a Sub-Branch, as the case may be. 9 May

27 19. ANNUAL CONGRESS AND EXTRAORDINARY CONGRESS 19.1 Convening the Annual Congress and an Extraordinary Congress The Annual Congress must be held in each year in May on a day, time and place to be determined by the State Executive. Pursuant to the requirements of the Act, the Annual Congress is the Annual General Meeting of the Branch. That an Extraordinary State Congress shall be called by the State President in the following circumstances: i. If an Extraordinary Congress is directed by the State Executive; or ii. If a written request to convene an Extraordinary Congress is made by not less than seven (7) Sub-Branches of the Tasmania Branch after the passing of Motions at General Meetings of the relevant Sub-Branches such Motions requesting an Extraordinary Congress and setting out the general nature of the business to be considered by the Extraordinary Congress and advising the Chief Executive Officer in writing of the request for the Extraordinary Congress and providing copies of the Minutes of the relevant General Meetings of the Sub-Branches; The Chief Executive Officer shall call an Extraordinary General Congress within two months of receiving a Direction from the State Executive or a written request from the relevant Sub-Branches Powers of the Annual Congress and an Extraordinary Congress The Annual Congress and an Extraordinary Congress are the supreme governing bodies of the Branch. The resolutions of the Annual Congress or an Extraordinary Congress are binding and operative on the Branch, the State Executive, a Sub-Branch, a Women s Auxiliary and any other section or association subsidiary to the Branch or a Sub-Branch from the date the resolution is passed, unless the Annual Congress or an Extraordinary Congress resolves otherwise. Save and except that resolutions passed amending the Rules of the Branch become effective on the date approved by the Registrar of Incorporated Associations. The Annual Congress or an Extraordinary Congress may refer a matter to the Members to be decided by a referendum in a form and manner determined by the State Executive Notice of the Annual Congress or an Extraordinary Congress 9 May

28 Written notice of the Annual Congress or an Extraordinary Congress must be given to all Sub-Branches and the Branch Delegates at least six weeks before the Annual Congress or an Extraordinary Congress. The written notice provided under Rule 19.3 must: (ii) specify the date, time and place of the meeting; and include the agenda. (e) (f) A Sub-Branch must ensure that the notice provided under Rule 19.3 is brought to the attention of its members. The failure to give a notice to a Sub-Branch or a Branch Delegate under Rule 19.3 or the failure to bring the notice to the attention of the members of the Sub-Branch does not invalidate any act, matter or thing done or resolution passed at the Annual Congress or on Extraordinary Congress. Notice given to a Sub-Branch under Rule 19.3 is deemed to be notice given to the Sub-Branch Delegates of that Sub-Branch. The Branch and the Sub-Branches shall comply with the Warning Order and Schedule of Events as set out in By-Law Sub-Branch and Branch Delegates A Sub-Branch member, who is a Service or Life member, or an Affiliate who is an Executive member on a Sub Branch Committee, may represent the Sub-Branch as a Delegate at the Annual Congress or an Extraordinary Congress, save and except that an Affiliate Delegate, or alternate Delegate shall not vote on any matter concerning the National Constitution. Subject to Rule 19.3 and 19.3, the members of a Sub-Branch are entitled to appoint Sub-Branch delegates as set out in By-Law 18 from time to time. A reference to a member of the Sub-Branch in Rule 19.4 is a reference to a Life Member, a Service Member, or an Affiliate member for whom the Sub- Branch has paid the Capitation Fee to the Branch no later than seven (7) weeks prior to the date of the first day of the State Annual Congress. Sub Branches are to appoint Sub Branch Delegates in accordance with the table at By Law 18 9 May