BY-LAWS FOR SUB-BRANCHES OF THE RETURNED & SERVICES LEAGUE OF AUSTRALIA (S.A. BRANCH) INC.

Transcription

1 BY-LAWS FOR SUB-BRANCHES OF THE RETURNED & SERVICES LEAGUE OF AUSTRALIA (S.A. BRANCH) INC. Revised 23/3/17

2 TABLE OF CONTENTS BY-LAWS By-Law No Page No 1 Service Membership Life Members Affiliates Standing Orders for the Conduct of Meetings Women s Auxiliaries Subscriptions State Branch Tribunal and National Tribunal Notice of Meetings Conduct of Sub-Branch Elections (Revised 23/3/17) Duties and Responsibilities of Officers Social Membership RSL Badge Banners of the League and its Organisations RSL Commemoration Ceremonies Use of the Australian National Flag at Members Funerals Meritorious Medal Certificates of Merit and Gold Badges Certificates of Appreciation and Outstanding Service Long Service Award Code of Ethics Privacy Act Purposely left blank RSL Community Link Application Of Income And Property Revised 23/3/17

3 . Revised 23/3/17

4 1. Eligibility for Service Membership BY-LAW NO 1 SERVICE MEMBERSHIP (Rule 12 refers) 1.1 Admission to Service membership of the League is open to any member or exmember of the Australian Defence Force who in general terms has completed 6 months service. 1.2 The following shall also be eligible to apply to be admitted as Service Members; a. a person who was a member of the Armed Forces of: (i) any country presently or formerly a member of the Commonwealth of Nations; (ii) any country or place presently or formerly a Crown Colony of the United Kingdom; or (iii) the United States of America. b. a person to whom paragraph 1.2 does not apply, but who has, in a theatre of conflict, either served with or supported or was otherwise engaged with the Australian Defence Force or the Armed Forces of those countries or places referred to in paragraph 1.2 and who is an Australian citizen or a citizen of any of those countries or places. c. a person who is an Australian citizen and who: (i) (ii) was a member of the Armed Forces of another country or place which during that time of conflict was an ally of the Commonwealth; or in a theatre of conflict either served with or supported or was otherwise engaged with the Armed Forces of such a country or place. d. an Officer of Cadets or Instructor of Cadets, after completing 10 years of aggregate service in such an appointment. 2. Service Members Other Eligible Service 2.1 The following shall, in addition, be eligible to apply to be admitted as Service Members: a. A person who for less than 6 months was a member of the Australian Defence Force but who was honourably discharged therefrom either for medical reasons or for reasons outside their control; b. any person who for a period of not less than 6 months, or a person who for less than 6 months was such a member but who was honourably discharged therefrom either for medical reasons or for reasons outside their control and has been a member of the Armed Forces of: 1

5 (i) (ii) (iii) any country presently or formerly a member of the Commonwealth of Nations; any country or place presently or formerly a Crown Colony of the United Kingdom; or the United States of America. c. a person who was a member of a SEATO Surgical and Medical Team in Vietnam during the conflict in that country; d. any person who is not otherwise eligible to be admitted as a Service Member but who is an Australian citizen and who for a period of not less than 6 months served in the Armed Forces of any other country or place not included in those countries or places previously referred to in this By-Law provided however that at no time during such service, the country or place the Armed Forces of which he served, was in conflict in war or war-like operations against the Commonwealth; e. a person who is not otherwise eligible to be admitted as a Service member but who for a period of not less than 6 months has been a member of a Philanthropic Organisation and during that period been formally accredited to and administered by the Australian Defence Force. 3. Application for Service membership Standard Form 3.1 The Application for Service Membership Form (Annex A) is the standard form for use throughout the League. The standard form is the only form to be used by applicants applying for Service membership unless otherwise approved by National Executive. An abridged version of the standard form for use on promotional leaflets, and an electronic version for on-line membership applications have been approved by National Executive and may be varied from time to time. 4. Application For Service Membership Form Explanation Notes 4.1 The membership Application Form (Annex A) is to be completed as follows a. General Form is to be completed in accordance with State Branch instructions. b. Branch/Sub-Branch Under the provisions of Rule 14 of the State Branch Constitution and this By- Law, each person who applies to be admitted as a Service member shall also apply to be admitted as a member of the State Branch. c. Personal Details The personal information in this section of the form provides the League with details for membership records. 2

6 Honours/Awards/Decorations in this section are those that would be included after a member s name in the normal form of address eg AO, CSM, GAM etc. d. Service Details The service details in this section are required to establish a person s eligibility to become a member of the League. e. Previous Membership This section to be completed only if previously a member of the League. Details as required. f. Declaration and Agreement Under the provision of Rule 12 of the RSL-SA State Constitution and this By- Law, each person who applies to be admitted as a Service Member shall make a declaration in accordance with Rule 12.4 of the State Constitution to be bound by the provisions of the Constitution and the By-Laws and to be bound by and promote the Standing Policy of the League, and be bound by the Rules and By-laws of State Branch. g. Sub-Branch Administration Complete details as required by State and Sub-Branch instructions. h. State Branch Administration Complete details as required by State Branch instructions. i. Membership Details For use by State and Sub-Branches to record a member s membership details as applicable. 5. Processing of Applications for Membership 5.1 An application to be admitted as a Service Member shall be: a. In the form set forth in Annex A of the By-Laws, or an approved abridged/electronic version; b. accompanied by the annual subscription payable; (currently serving members of the ADF are not required to pay a subscription in their first year of membership of the League); and c. supported by such documentation as is necessary to demonstrate the eligibility of the applicant. 5.2 Each person who applies to be admitted as a Service Member shall, in his application form, also apply to be admitted as a member of State Branch or a Sub-Branch as the applicant wishes. 3

7 5.3 An application to be admitted as a Service Member, may be forwarded to, or lodged by the applicant with the preferred State Branch or the Sub-Branch referred to in paragraph 5.2. If the applicant applies to be admitted as a member of a particular Sub- Branch, then that Sub-Branch shall be responsible for processing the application. 5.4 If an applicant referred to in paragraph 5.2 elects to become a member of a particular Sub-Branch, then provided the applicant: a. has demonstrated he/she is eligible to be admitted as a Service Member pursuant to this By-Law; b. has completed his/her application form and has paid the annual subscription payable; and c. is considered by the Committee of the Sub-Branch a fit and proper person to be admitted as a member; he/she shall be admitted as a Service Member and a member of that Sub-Branch. 5.5 A Sub-Branch Committee may only reject an application if it is satisfied the applicant is not eligible, or is not, in the interests of the League, a fit and proper person to be admitted as a Service Member. 5.6 The decision of the Sub-Branch Committee to reject an application shall be recorded in the minutes of the meeting at which the decision was made. The applicant shall be notified in writing of the decision and the grounds upon which the application was rejected and his right to appeal to the State Branch, within 14 days of the Committee meeting. 5.7 Within 28 days after the date the notification in writing referred to in paragraph 5.6, the applicant may appeal in writing to the State Branch. Such an appeal shall be lodged with the Sub-Branch concerned, which shall thereupon forward it, together with the grounds for rejection and all other relevant papers and documents to the State Chief Executive Officer. 5.8 State Branch, referred to in paragraph 5.7 may direct the Sub-Branch concerned to admit the applicant as a Service Member if the State Branch is of the opinion he/she should be admitted or the State Branch shall reject the appeal if it is satisfied the applicant is not eligible, or is not, in the interests of the League, a fit and proper person to be admitted as a Service member. The decision of State Branch shall be final. 5.9 If the State Branch directs a Sub-Branch to admit an applicant as a Service Member he/she shall thereupon be deemed to have been admitted as a Service Member and a member of that Sub-Branch If an applicant referred to in paragraph 5.2 seeks to become a member of a particular State Branch only, then that State Branch is responsible for processing the application, and subject to the provisions contained in paragraph 5.4, the applicant shall be admitted as a Service Member and a member of that Branch. Such Branch shall thereupon include his/her name on the Unattached List of Members kept by that 4

8 Branch. State Branch may only reject an application upon the grounds set forth in paragraph If a State Branch has rejected an application pursuant to paragraph 5.10, it shall, within 14 days after the rejection notify the applicant in writing of the fact and the grounds for rejection, namely that he was not eligible, he/she is a member of an organisation whose objectives are incompatible with the Objects of the League, or is not, in the interests of the League, a fit and proper person to be admitted as a Service Member and a member of State Branch. In so doing it shall advise the applicant in writing of his/her right of appeal to the State Branch Tribunal in respect of a decision made pursuant to paragraph Within 28 days after the date of notification in writing referred to in paragraph 5.11, the applicant may appeal in writing to the State Branch Tribunal in respect of a decision made pursuant to paragraph Such an appeal shall be lodged with State Branch, which shall thereupon forward it, together with the grounds for rejection and all other papers and documents, to the National Secretary The powers of a State Branch referred to in this By-Law shall be exercisable by (and not otherwise) that State Branch Tribunal referred to in National Constitution Rule Unattached List of Members 6.1 Each State Branch shall establish and keep a register to be known as its Unattached List of Members. This is also sometimes referred to as the Branch Headquarters List. 6.2 Upon a State Branch establishing such a List, there shall be transferred to it all those Service and Life Members who were previously included in the State s Miscellaneous List of Members at their own request. 6.3 Upon a person becoming a Service Member he/she may request the State Branch having jurisdiction over him/her to include him/her in the Unattached List of Members if he/she does not wish to also be a member of a Sub-Branch. 6.4 A member of a Sub-Branch may request it to transfer him/her to the Unattached List of Members. 6.5 A Service or Life Member whose name is included in the Unattached List of Members by a Branch may at any time request that Branch to transfer him/her to a particular Sub-Branch or the Unattached List of another State. The State Branch, on receipt of agreement to the transfer from the Sub-Branch or State Branch concerned, is responsible for the subsequent transfer action. In the event that an objection is lodged, the State Branch shall conduct an enquiry into the circumstances of the objection. Should the circumstances leading to the objection be confirmed, then the Service or Life Member shall be retained on the Unattached List. 6.6 Upon a person becoming eligible to be admitted as a Service Member and for whom a Sub-Branch is not available, then he/she may request the State Branch to include him/her on the Unattached List of Members until a Sub-Branch becomes available for him/her to transfer to. 5

9 7. Miscellaneous List of Members 7.1 Each State Branch shall keep a register known as its Miscellaneous List of Members. 7.2 There shall be recorded in this List the names of all those Service Members who have been transferred thereto compulsorily consequent upon a resolution of the State Branch or consequent upon a determination made by the State Branch Tribunal. 7.3 A Service Member who has been transferred to the Miscellaneous List of Members for a period of time as a result of action taken under paragraph 7.2 may at the conclusion of that period request his State Branch to transfer him/her to the Unattached List of Members or to a particular Sub-Branch. If he/she does not make such a request he/she shall be transferred to the Unattached List of Members. However, if the Service Member requests a transfer to a Sub-Branch or the Unattached List of another State, then the prior approval of that Sub-Branch or State shall be obtained by the State Branch. An application for transfer shall not be rejected on the same grounds which resulted in the Member s transfer to the Miscellaneous List. 7.4 The organisation to which a member wishes to transfer, a State Branch in the case of the Miscellaneous List, or a Sub-Branch may accept or reject a proposed transfer. If a State Branch or a Sub-Branch decides to reject the proposed transfer of a member it shall advise the member and the member s Sub-Branch or State Branch, as appropriate, in writing within 14 days, together with the reasons for its decision and his right of appeal. 7.5 Within 28 days after the date of notification in writing referred to in paragraph 7.4, the member may lodge an appeal in writing. Such an appeal shall be lodged, together with the sum of $400.00, through his present Sub-Branch or State Branch as appropriate. 7.6 In the case of a decision made by a Sub-Branch to reject an application, the State Branch having jurisdiction over that Sub-Branch shall be responsible for resolving the appeal. 7.7 In the case of a decision made by a State Branch to reject an application the member shall have the right of appeal to the State Branch Tribunal. 7.8 A Service Member whose name is included in the Miscellaneous List of Members shall so long as his name is so included: a. not be eligible to hold any office in the League; and b. not be eligible to be a member of any Sub-Branch or to attend, meet or be involved in any official activity or function or sponsored by a Sub-Branch, other than Commemorative Services. 8. Processing Applications for Transfer 8.1 A member may apply for a transfer from his Sub-Branch, or in the case of members on the Unattached List, his State Branch: 6

10 a. By applying through his old Sub-Branch before the application is passed to the receiving or gaining Sub-Branch, using the prescribed Request for Transfer of Membership Form; or b. Where more convenient, a member may apply for a transfer through his gaining Sub-Branch or State Branch. In this instance the Transfer of Membership Form is to be forwarded to the Losing Sub-Branch or State Branch for processing prior to the transfer being approved: The Losing Sub-Branch or State Branch must 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. Transfers from the Unattached List and Miscellaneous List are also dealt with in this By-law. 8.2 The following sample Request for Transfer of Membership Form (Annex B) shall be the standard form for use by State Branches for the application of transfer. 8.3 The form may be used for transfer between State Branches or between Sub-Branches in accordance with State Branch instructions. 9. Cessation of Membership 9.1 Any Service member or Life Member desiring to resign from the League shall give notice in writing to that effect. Upon such notice being lodged with the State Branch or Sub-Branch of which he is a member, he/she shall thereupon cease to be a member. 9.2 Upon a Service member or Life Member ceasing to be a member, he/she shall cease to be entitled to or have any interest in any property or assets of the League but shall still be liable to pay to the League all amounts owing to it at the date of his/her ceasing to be a member. 7

11 RETURNED & SERVICES LEAGUE OF AUSTRALIA LTD Annex A to By Law 1 Part A ABNs: National ACT NSW VIC QLD SA TAS WA APPLICATION FOR SERVICE MEMBERSHIP I HEREBY APPLY to be admitted as a Service Member of the League and a member of the... Sub-Branch of the South Australia State Branch. PERSONAL DETAILS Mr / Mrs/ Ms / Rank Surname Given Names Male/Female Date of Birth / / Country of Birth Address (no. & Street) Suburb State / Country Post Code Phone (Inc. Area Code) Work Home Mobile Fax Honors/ Awards/Decorations (Post Nominals) SERVICE DETAILS Service No. Rank Unit Service (Last Service) (Tick One) Navy Army Air Force Other - Type (Tick One) Regular Reserve National Service Service in Theatre of Operations or Conflict Use two digit code below DATE OF ENLISTMENT / / Discharge Certificate No. (if applicable) DATE OF DISCHARGE / / Length of Service Years Months Campaign & Service Medals : Theatres of Operations or Conflicts 02 World War 1 06 Vietnam 10 Somalia 14 National Service 03 World War 2 07 BCOF (Japan) 11 Gulf War/Kuwait 15 East Timor 04 Korea 08 Borneo Confrontation 12 Regular Forces 16 Other 05 Malayan Emergency 09 Peacekeeping 13 Reserves/CMF PREVIOUS MEMBERSHIP DETAILS Previous Membership Yes / No Date first joined League (if applicable) / / Badge Number of Previous Membership (if applicable State and Sub-Branch of Previous Membership (if applicable) DECLARATION AND AGREEMENT I DECLARE THAT (i) the above information is true and correct. (ii) (iii) I agree to uphold the Constitution of the League and its By-Laws. I have not been convicted of a serious criminal offence I ENCLOSE Cheque for $ being my current membership subscription. APPLICANT S SIGNATURE DATE PRIVACY STATEMENT We will not use any of the information on this membership form without your specific permission in writing, other than to record you as a member of the League and will not pass that information to anyone outside the League 8

12 Part B SUB-BRANCH ADMINISTRATION Checked by: Sub-Branch Decision (if applicable) Badge Number (if issued) Membership No. Secretary s signature Date / / Date Receipt No. Financial Year Membership Type Date Receipt No. Financial Year Membership Type MEMBERSHIP TYPE ORD Service LM Life Member HM - Honorary STATE BRANCH ADMINISTRATION Date Received.... State Branch Decision (if applicable)... Badge Number... Membership No.... Recorded on Computer by:... Date 9

13 Annex B to By-Law No 1 REQUEST FOR TRANSFER OF BRANCH / SUB-BRANCH MEMBERSHIP (Forward State Branch and Receiving Sub-Branch Copies to Chief Executive Officer) 1 I... (Please print name in full) hereby request transfer of membership: From :... Branch/Sub-Branch To:... Branch/Sub-Branch Old Address :... Postcode :... New Address:... Postcode :... Service No. :... Rank :... Service :... RSL Badge No :... Membership Type :... Current Year's Subscription paid to :... Branch/Sub-Branch 2 Financial to Receipt No (Date)... (Signed) ACKNOWLEDGEMENT SLIP Losing Sub-Branch The transfer of... has been actioned and the details as provided are correct. $... remains to this Life Member's/Subscriber's credit and this is transferred to you... (Date)... (Signed) Secretary (LOSING SUB-BRANCH) Gaining Sub-Branch The transfer of... is/is not accepted by this sub- Branch and Membership details have/have not been recorded 3... (Date)... (Signed) Secretary (GAINING SUB-BRANCH) 1 NOTE : Two copies forwarded to State Branch. One copy retained by losing Sub-Branch. 2 The transfer of Service Members will not involve the transfer of any part of their annual subscription. 3 Reasons for not accepting this application for Transfer are to be forwarded to the State Branch CEO. 10

14 BY-LAW NO 2 LIFE MEMBERS (Rule 16 refers) 1. Other than in exceptional circumstances, a State Branch shall not propose a Service Member over whom it has jurisdiction, for election by the National Executive to the class of Life Member unless that Service Member shall have been a Service Member for at least 15 continuous years and shall have rendered not less than 10 years' outstanding service to the League. 2. In any financial year, proposals by a State Branch pursuant to this By-Law shall not exceed 1 for every 750 or part thereof of the Service Members within the jurisdiction of that State Branch. 3. If a Service Member proposed for Life Membership pursuant to Rule 16.1 is also a member of a Sub-Branch, that Sub-Branch shall pay to the State Branch having jurisdiction over it, such fees as that State Branch determines from time to time. If a Life Subscriber is awarded Life Membership, no fee shall be payable by any Sub- Branch pursuant to this By-Law. Instead, the amount standing to the credit of the member in the Life Subscribers Fund, if any, shall be credited to the Life Membership Fund. If there are no funds in credit, no further fees shall be payable. 4. For the purposes of this By-Law, service as a member of a Women's Auxiliary may be taken into account. 5. If a Life Member is also a member of a Sub-Branch and transfers his/her membership of that Sub-Branch to another Sub-Branch which is subject to the jurisdiction of a State Branch not identical to that having jurisdiction over the first mentioned Sub- Branch the State Branch having jurisdiction over the first mentioned Sub-Branch, shall pay to the State Branch having jurisdiction over the Sub-Branch to which he/she has transferred that portion of the Life Membership fee that remains for that Life Member in its Life Membership Fund. The State Branch to which the payment is made shall pay to the Sub-Branch to which the Life Member has transferred an amount equal to the applicable annual rebate of the subscription of that State Branch. Such latter payment shall be made out of the funds received by the State Branch pursuant to this paragraph and not otherwise. 6. If a Life Member is also a member of a Sub-Branch and transfers his/her membership to another Sub-Branch, the latter Sub-Branch shall extend to that Life Member the same rights, privileges and honours applicable to a member elected to Life Membership upon the nomination of the latter Sub-Branch. 11

15 BY-LAW NO 3 AFFILIATES (Rule 13 refers) 1. The National Executive in September 2005, amended the criteria for the admittance of Affiliates to Sub-Branches who may now only be admitted to a Sub-Branch or the State Branch on such terms and conditions as are set out in this By-Law. 2. No person may be admitted as an Affiliate if that person is eligible to be admitted as a Service Member. 3. Affiliates are required to comply with the Constitution, By-Laws and Standing Policy of the League, in the same manner as Service Members. 4. Affiliates shall further the Objects of the League to the benefit of the Sub-Branch within its Local Community. 5. A separate badge to that of the League, shall be issued to an Affiliate and shall be in such form as the National Executive determines. Each Affiliate shall, on payment of the first annual subscription, be issued with a badge. Supplies of badges shall be obtained by each Sub-Branch Secretary from the Membership Office of the State Branch. 6. Eligible persons who may be admitted as Affiliates are those who comply with the following conditions: Be 18 years of age or older; Be a person who is a relative of a League member or of a person who at the time of his/her death was eligible to be a League member; (i) for the purpose of this By-Law, a relative of a League member shall be a parent, grandparent, spouse, brother, sister, child, grandchild, step child, son-in-law, daughter-in-law, brother-in-law or sister-in-law of the League member (as the case may be). (c) (d) Be a person who has been awarded the Certificate of Merit and Gold Badge or a National or State Certificate of Appreciation, for providing 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 State or Federal Police Force; An Ambulance Service or Brigade; A Fire Brigade or Fire Authority; A State Emergency Service; A Registered Nurse. (e) Any such person deemed by the Sub-Branch Committee to have demonstrated empathy with the Objects of the League and a desire to assist the League in its work, may be admitted as an Affiliate; and 12

16 has signed an Application for Affiliation, as prescribed by the State Branch, which expressly requires the Affiliate to agree to be bound by the National Constitution, Rules and By-Laws and any Rules and By-Laws of the State Branch. 7. The application is to be lodged with the Sub-Branch Secretary and the nominator must be a Service or Life Member and the seconder should be either a Service, Life Member or Affiliate of the Sub-Branch. 8. The name and address of the person applying to be an Affiliate must be displayed in a conspicuous place in the Sub-Branch premises for a period of at least fourteen (14) days before consideration of the application at a meeting of the Committee of the Sub-Branch. 9. A person may only be an Affiliate of one Sub-Branch. 10. Affiliates of a Sub-Branch shall have the same rights and responsibilities as League Members of the Sub-Branch in the usage and quiet enjoyment of the Sub-Branch amenities and facilities and may participate in Sub-Branch activities as follows: 10.1 May vote and be elected to the positions of Secretary, Treasurer or Committeeman but may not vote or be elected to the positions of President or Vice-President. Any variation to the foregoing provision must be authorised by the State Branch Executive responsible for policy implementation Affiliates may speak and vote at a meeting of the Sub-Branch on any Sub-Branch domestic matter that does not involve the disposal of the Sub-Branch facility nor issues such as relocation or redevelopment (these issues being covered by the Constitution as the rights of Service Members) Affiliates shall not speak or vote on any matter relating to the alteration or amendment to the National Constitution, the Branch Constitution or cast votes in the elections for Branch positions Affiliates shall not be entitled to speak or vote at a meeting called to consider the Agenda for the Annual State Branch Conference, nor attend as a Delegate. 11. Whilst Model Rules for Sub-Branches Rule 21 and Clause 10.4 above restricts attendance at a State Branch Conference, the State Board has ruled that if a Service Member is not available to represent the Sub-Branch, then an Affiliate may be appointed by the Sub-Branch Committee to attend as its Alternate Delegate but must only vote or speak to motions as directed in writing by the Sub-Branch. 12. An Affiliate of a Sub-Branch shall pay such annual subscription to the Sub-Branch as is determined from time to time by the Sub-Branch Committee. This subscription must include the amount of the affiliate capitation fee determined at the State Annual Conference and which is payable to the League. 13. The State Branch shall pay annually to the League a fee in respect of each Affiliate, equal to the amount of the capitation fee set by the National Congress for that year. 13

17 14. Annual subscriptions shall be payable in advance on the 1 st January in each calendar year. An affiliate who does not pay his/her annual subscription by the 30 th April ceases to be an Affiliate of the Sub-Branch. 15. A receipt must be issued to each Affiliate of the Sub-Branch by the Sub-Branch Treasurer/Membership Officer, as evidence of payment of the annual subscription. 16. Should in the opinion of the Committee an Affiliate of the Sub-Branch have been found guilty of conduct unbecoming a member or has been found guilty of any of the provisions contained in Rule 21, the Committee may resolve to recommend to a General Meeting of the Sub-Branch that the Affiliate be reprimanded, or suspended for a period as determined by the General Meeting, or his/her affiliation to the Sub-Branch be terminated. 17. The Affiliate shall be afforded the opportunity to address the Committee, in accordance with the procedures outlined in Rule 21.3, prior to the General Meeting. 18. Where an Affiliate has had his/her affiliation terminated, the Sub-Branch shall advise the State Branch of such member's name and the reasons for the termination. 19. Transfer of Affiliates 19.1 Any financial Sub-Branch Affiliate may apply to transfer to another Sub-Branch by making application in writing on the prescribed form, through the Secretary of the Sub-Branch or through the Chief Executive Officer The application to transfer should be made using the form prescribed at Annex C to By-Law No. 1 REQUEST FOR TRANSFER OF BRANCH/SUB-BRANCH MEMBERSHIP, the request is to be endorsed with the words An Affiliate immediately after the name of the person seeking to be transferred No application to transfer will be approved unless the Affiliate is acceptable to the gaining Sub-Branch If a financial Affiliate transfers to another Sub-Branch, no transfer, joining or additional Affiliation fee is payable to the gaining Sub-Branch for the year in which the transfer took place If the applicant is unfinancial at the time he/she wishes to transfer, a new Application for Affiliation is to be made to the gaining Sub-Branch and the applicant processed as a new Affiliate in all respects except that the current badge number is to be endorsed on the application. 14

18 I, RETURNED & SERVICES LEAGUE OF AUSTRALIA (S.A. BRANCH) INC. APPLICATION FOR AFFILIATION SURNAME GIVEN NAMES Mr Mrs Miss Ms of ADDRESS PCODE PHONE No. OCCUPATION DATE OF BIRTH hereby apply to become an Affiliate of the.. Sub-Branch of the Returned & Services League of Australia (S.A. Branch) Incorporated and duly declare that I will abide by the Rules of the said Sub-Branch in this respect. I claim qualification in the indicated category : 1. Wife or husband Widow or Widower Son or Daughter Son-in-law or Daughter-in-law Mother or Father Sister or Brother Grandchild Nephews and Nieces Brothers-in-law or Sisters-in-law... of a person who is eligible for Service Membership of The Returned & Services League of Australia, or a person who, at the time of death, was eligible for such Membership. 10. Spouse of Affiliate member Person awarded the Certificate of Merit or the Certificate of... Appreciation of the RSL. 12. Paramilitary forces of the State and Commonwealth. Such as Fire Brigades,... Regular and Volunteer, St. John Ambulance personnel, Registered Nurses, Police, Civil Defence Groups, State and Commonwealth Emergency Services 13. A person to whom the provisions of By-Law 13 (7e) apply... If ticked questions 1 to 9 please state Full Name of service person to whom applicant is related APPLICANT S SIGNATURE DATE Proposed by... Seconded by... (Member) (Member) RELATIONSHIP VERIFIED ACCEPTED BY SUB-BRANCH:...(Honorary Secretary) Date:... To : THE STATE BRANCH: Application is hereby made for the issue of an Affiliate badge and I understand that the badge is not transferable and will be given up should I cease to be a financial Affiliate Member of an RSL Sub-Branch. Signature of Applicant... Approved... Receipt No.... Badge No.... Date of Issue:... T I C K C A T E G O R Y A P P L I C A B L E 15

19 CONDITIONS FOR AFFILIATION 1. Eligible persons may be elected to Affiliation of the Sub-Branch in accordance with and subject to these rules. 2. The following persons shall be eligible for Affiliate Membership of the Sub-Branch: Wife or husband Widow or Widower (c) Son or Daughter (d) Son-in-law or Daughter-in-law (e) Mother or Father (f) Sister or Brother (g) Grandchild (h) Nephews and Nieces (i) Brothers-in-law or Sisters-in-law of a person who is eligible for Service Membership of The Returned & Services League of Australia, or a person who, at the time of death, was eligible for such Membership. (j) Spouse of Affiliate member (k) Person awarded the Certificate of Merit or the Certificate of Appreciation of the RSL. (l) Paramilitary forces of the State and Commonwealth. Such as Fire Brigades, Regular and Volunteer, St. John Ambulance personnel, Registered Nurses, Police, Civil Defence Groups, State and Commonwealth Emergency Services (m) Any such person being by the Sub-Branch Committee, to have demonstrated empathy with the Objects of the League and a desire to assist the League in its work. 3. Any person, being eligible for Affiliation, may apply for Affiliation by lodging with the Sub-Branch Secretary an application in writing in the form prescribed by the Committee of management and bearing a nomination by a League member of the Sub-Branch. 4. The name and address of the person applying for Affiliation shall be displayed in a conspicuous place in the Sub- Branch premises for a least fourteen (14) days before submission of the application to a general meeting of the Sub-Branch 5. Before any person is accepted as an Affiliate of the Sub-Branch his/her application shall be submitted to a general meeting of the Sub-Branch to be held not earlier than two weeks after the receipt of the their application. If a majority of two-thirds of the League members present approve of the application such person shall become an Affiliate of the Sub-Branch. 6. Affiliates shall be liable for an annual subscription determined by the Sub-Branch in accordance with the principles adopted by the State Sub-Branch Conference 7. Subject to these rules and to any directions given by the Committee of management from time to time restricting their rights, privileges or duties, Affiliates shall have the same rights, privileges and duties as Service League Members provided however that an Affiliate shall not be eligible to hold the office of Sub-Branch President, Vice President (League Member), or be the Sub-Branch Delegate to the State Sub-Branch Conference but shall be entitled to attend any general meeting of the Sub-Branch but with the right to vote for the positions they can hold in the Sub-Branch, but with the right to vote on domestic matters of the Sub-Branch only. 8. No person shall be admitted as an Affiliate of the Sub-Branch if he or she is eligible for League Membership or is under the age of 18 years. 16

20 BY-LAW NO. 4 STANDING ORDERS FOR THE CONDUCT OF MEETINGS 1. The proceedings of any State Branch Annual Sub-Branch Conference, Extraordinary Sub-Branch Conference, State Board Meeting, Regional meetings or Committee Meetings shall, unless otherwise resolved at such meeting, shall be considered. (c) (d) (e) (f) (g) (h) (i) Reading minutes of previous meeting Confirmation and discussion of matters arising out of such minutes Reading and discussion of correspondence Finance Discussion of business of which notice has been given Business left over from previous meetings Reports of Committees Notices of motion General business 2. The attendances of State Branch Officers, shall be recorded in the Minutes of the meeting and, where practicable, the attendance of members shall also be recorded. 3. Subject to the limitations hereinafter contained in Standing Orders 8, 23, 24 and unless otherwise resolved on motion put without debate, every member present may be entitled to speak once on : (c) Any question before a meeting Any amendment thereon In reply, if he/she is entitled to reply, but not otherwise 4. Any member, when he/she seconds a motion or amendment without speaking to it, shall be entitled to speak on the subject of such motion or amendment at any subsequent period of the debate. 5. Any member desiring to speak shall rise in his/her place and address the Chairman. If two or more members rise at the same time, the Chairman shall call upon the member who, in his/her opinion, first rose to speak. 6. By the indulgence of any meeting a member may explain matters of a personal nature, although there be no question before the meeting, but such matters may not be debated. 7. Any member who has spoken to a question may again be heard to explain him/herself in regard to some material part of his/her speech which has been misquoted or misunderstood. He/she shall not introduce any new matter or interrupt any member in possession of the Chair and no debate shall be heard upon such explanation. 8. Any member who has spoken to a question cannot speak to any amendment thereon until such amendment has become the main question.

21 9. In dealing with correspondence and reports, every letter and report, after having been read, may be taken as formally received, unless a motion to the contrary be put without debate and carried and every letter or report may be dealt with immediately after the contents have been made known to a meeting. 10. Any member may at any meeting give notice of motion for a future meeting by stating its terms to the meeting and delivering to the Chairman a copy of such notice clearly written and signed by him/herself and showing the day proposed for bringing on such notice. 11. If a notice of motion is given which contains matters not relevant to each other, the Chairman may instruct the Secretary to divide such notice into two or more notices. 12. Unless otherwise resolved, all notices of motion shall take precedence in the order in which they stand in the minute book and shall lapse if the member or some other member on his/her behalf be not present when the order of business for such notice is read. 13. When a motion has been moved and seconded, a question thereupon shall be proposed to the meeting by the Chairman. 14. A motion not seconded shall not be further debated and no entry thereof shall be made in the minutes. 15. All motions shall, if the Chairman so decide, be submitted by the proposer thereof in writing and : (c) (d) (e) (f) shall be duly proposed and seconded shall be of an affirmative character shall be the property of the meeting shall be withdrawn only by leave of the meeting may be adjourned from time to time may be altered or amended until a decision is arrived at 16. A question having been proposed may be amended (c) by leaving out certain words by inserting or adding certain words by leaving out certain words in order to insert or add other words 17. Every amendment to every motion before a meeting must: (c) if the Chairman so decides, be in writing and signed by the proposer be relevant to the question to which it is proposed to be made be withdrawn only by leave of the meeting 18. Only one amendment shall be entertained at a time. If an amendment be carried it shall become the main question. It shall be competent, whether an amendment be carried or not, to receive other amendments to be disposed of in a like manner until a question has been finally dealt with.

22 19. An amendment proposed but not seconded shall not be entertained nor entered on the minutes. 20. A question may be superseded at any time by: (c) (d) (e) another motion that it be discharged from the notice paper a motion for an adjournment of the question under consideration a motion for the adjournment of the meeting a motion The question be now put a motion That the next business be proceeded with No person who has spoken on the main question will be permitted to so move. 21. A motion for the adjournment of any meeting may be proposed at any stage of the meeting, or for the adjournment of any question before any meeting. It shall only be competent to propose an amendment to any motion for adjournment for the purpose of altering the time proposed therein. Every motion for an adjournment, or any amendment thereon, shall be proposed and seconded without argument or opinion offered and shall be forthwith put to the meeting by the Chairman. 22. When a motion for the adjournment of any meeting has been carried, the business then undisposed of shall have precedence at the next meeting. 23. When a motion has been duly proposed and seconded the Chairman shall at once proceed to take the votes thereon, unless some member rises to oppose it, or to propose an amendment. No more than two speakers shall speak in succession either for or against any question before a meeting and if at the conclusion of the second speaker s remarks and upon a call from the Chairman, no other member rises to speak on the opposite side, the motion or amendment shall at once be put to the vote. 24. The mover of an original motion shall be allowed five minutes to introduce it and two minutes to reply. No other speaker shall be allowed to speak more than five minutes at any one time. 25. Any member speaking shall at once resume his/her seat: if the Chairman rises to speak if a point of order is raised and shall not resume his/her speech until the point of order is decided. 26. The Chairman shall put all questions before any meeting in a distinct and audible voice. A question being put shall be resolved in the affirmative, or negative, Aye or No. The Chairman shall state whether, in his/her opinion, the Ayes or the Noes have it; any member may then demand that a show of hands or a division be now taken. 27. No member shall speak to any question after it has been put by the Chairman, nor during a division, except to a point of order.

23 28. Every member present during a division must vote, or his/her vote will be counted with the side on which he/she is sitting. At a Sub-Branch Conference should there be a division the names of the Sub-Branches and their vote will be recorded in the minutes. 29. No member of the Committee shall be allowed to obtain discussion upon any subject at any meeting through the medium of correspondence, but may introduce the matter from his/her place in the meeting. 30. If any member: (c) (d) (e) persistently and wilfully obstructs the business of any meeting is guilty of disorderly conduct uses objectionable words and refuses to withdraw such words persistently and wilfully refuses to conform to these standing orders or any one or more of them persistently and wilfully disregards the authority of the Chairman the Chairman may report to the meeting that such member has committed an offence. 31. When any member has committed an offence he/she shall be called upon to stand up in his/her place and make any explanation or apology he/she may think fit and afterwards a motion may be moved That the member be suspended for the sitting of the meeting. No amendments, adjournments or debate shall be allowed on such motion, which shall be immediately put by the Chairman. 32. If any member be suspended, his/her suspension on the first occasion shall be for the remainder of that sitting; on the second occasion, for the sittings of two consecutive meetings and on the third occasion may, in the case of a member of the Committee, have his/her seat thereon declared vacant. 33. If any objection is taken to the ruling or decision of the Chairman, such objection must be taken at once and motion made to the effect That the Chairman s ruling or decision be disagreed with. If seconded, such motion shall supersede the question then before the meeting and the Chairman shall forthwith leave the Chair. The Deputy Chairman shall then take the Chair, or if he/she is not present, another member of the Committee, nominated by the Committee members, shall assume the Chair. Debate in conformity with the standing orders may then ensue until the motion is either resolved in the affirmative or negative. The Chairman shall then resume the Chair and the superseded question shall if not disposed of by the motion to disagree with the Chairman s ruling or decision, be forthwith proceeded with. 34. The Chairman at all meetings shall not have a deliberative vote but shall have a casting vote only. When exercising such casting vote, it is customary that the status quo be maintained. 35. No resolution shall be again debated or rescinded unless a motion has been carried subsequent to the passing of the resolution which it is proposed to debate or rescind, ordering that a Special General Meeting be called for that purpose and unless an absolute majority of those present and voting at the Special General Meeting so resolve.

24 36. It shall be competent by a vote of the members present at a meeting to suspend the standing orders, provided the effects of such suspension shall not be the rescinding of any resolution previously adopted and provided, further, that the suspension of the Standing Orders shall be limited in its operation to the particular purpose for which the suspension has been sought. 37. No motion passed at any meeting shall be rescinded at the same meeting without due notice of motion to rescind being given. 38. Notice of motion to rescind a resolution is only required in cases where the resolution was passed within the previous twelve months. 39. All voting at any meeting shall be by personal attendance and not by proxy.

25 BY-LAW NO 5 WOMEN'S AUXILIARIES (Rule 49 refers) 1. Each State Branch may form within its jurisdiction such Women's Auxiliaries as it may consider necessary or desirable. 2. A Sub-Branch, or the Central Council, may form a Women s Auxiliary for the purposes of supporting the Sub-Branch, or the Branch in the carrying out of the Objects of the League and the social and welfare aspects of the Sub-Branch or Branch. Such a Women s Auxiliary must become a member of the Central Council within 3 months of its formation and will be subject to these rules and the rules of the Central Council, unless the State Branch determines otherwise. 3. The Rules and Guidelines of each Women s Auxiliary shall be approved by the State Branch authorising its foundation and no alteration shall be made thereto unless the same shall have been approved in writing beforehand by the State Branch. 6

26 BY-LAW NO 6 SUBSCRIPTIONS (Rule 27 refers) 1. The minimum annual subscription payable by Service Members shall be such amount as is determined from time to time by the National Congress, but a State Branch may impose upon such members within its jurisdiction such additional amounts by way of annual subscription as it sees fit. 2. Such subscription shall be paid by each Service Member to the Sub-Branch/State Branch of which he/she is also a member. 3. If a Service Member is also an associate member of a Sub-Branch he/she shall pay to such Sub-Branch a fee equal to the annual subscription less the amount of capitation fee payable by that Sub-Branch to its State Branch. 4. If a Service Member shall pay to the Sub-Branch/State Branch of which he/she is also a member, such amount as is determined as a life subscription from time to time by the State Branch having jurisdiction over that Service Member, he/she shall not be liable to make any payments to the League or its Branches or Sub-Branches of any further annual subscriptions, but if paragraph 3 is applicable to him/her, shall still be liable to pay the fee calculated in accordance with that paragraph. 5. A Service Member to whom Rule 27.1 applies shall pay to the League at National Headquarters, the minimum annual subscription referred to in paragraph 1 of this By- Law plus any additional amount determined from time to time by the National Executive. 6. This By-Law shall not apply to a Life Member save and except that if such a member is also an associate of a Sub-Branch, paragraph 3 shall apply to him/her as if he/she were a Service Member. 7. If a Service Member being a Life Subscriber is also a member of a Sub-Branch and transfers his/her membership of that Sub-Branch to the jurisdiction of a State Branch not identical to that having jurisdiction over the first mentioned Sub-Branch, the State Branch having jurisdiction over the first mentioned Sub-Branch, shall pay to the State Branch having jurisdiction over the Sub-Branch to which he/she has transferred that portion of the Life Subscribers Fund. The State Branch to which the payment is made shall pay to the Sub-Branch to which the member has transferred an amount equal to the annual rebate of the subscription of that State Branch. Such latter payment shall be made out of the funds received by the State Branch pursuant to this paragraph and not otherwise. 8. If any dispute or doubt arises over the financial status of a member of a Sub-Branch, the entry relating to that member in the register of members kept by the State Branch, shall be final and conclusive. 7

27 BY-LAW NO 7 STATE BRANCH TRIBUNAL AND NATIONAL TRIBUNAL (Rules 23 and 24 refers) Prior to any disciplinary action being taken, the following Dispute Resolution process is to be followed:- 1. Dispute Resolution 1.1 A Sub-Branch Dispute is a dispute between: (c) (d) a member and another member of the same Sub-Branch; or a member or members of a Sub-Branch Committee and another member of the Sub-Branch; or a member or members of the Sub-Branch and the Sub-Branch Committee; or a member or members of the Sub-Branch and the Sub-Branch. 1.2 A Disciplinary Hearing is a hearing by: (c) (d) a Sub-Branch Committee of disciplinary charges under Sub-Branch Rule 13 or State Branch Constitution Rule 21.4; the State Tribunal of a disciplinary matter referred to it by a Sub-Branch Committee under Sub-Branch Rule 13; the State Tribunal of a disciplinary matter referred to it by the State Board under State Branch Constitution Rule 22.1 ; and the State Tribunal of an appeal under Sub-Branch Rule 13, State Branch Constitution Rule 21.7 or State Branch Constitution Rule Within 14 days of a Sub-Branch Dispute coming to the attention of the Sub-Branch Committee, the parties involved are to be instructed, by letter from the Sub-Branch Committee, to meet within seven (7) days, discuss the matter and, if possible, resolve the Sub-Branch Dispute. 1.4 If the parties are unable to resolve a Sub-Branch Dispute at the meeting, or if either party fails to attend that meeting, the Sub-Branch Committee will initiate mediation. 1.5 If a Sub-Branch or its Committee is a party to a Sub-Branch Dispute or a Disciplinary Hearing, it must appoint a Sub-Branch Representative who is a member of the Sub- Branch and has authority on behalf of the Sub-Branch to participate in the mediation and reach a binding settlement on behalf of the Sub-Branch. 1.6 If a Sub-Branch Committee has reason to believe that a member may be guilty of conduct unbecoming a member it shall, before considering whether or not the member

28 has been guilty of such conduct under Sub-Branch Rule 13, first give written notice to the Chief Executive Officer. The notice will: give details of the alleged conduct; and (c) include the name and contact details of the member; and include the name and contact details of the Sub-Branch Representative. 1.7 The Chief Executive Officer will initiate mediation before a Disciplinary Hearing takes place. 1.8 The Disciplinary Hearing will be stayed until the mediation has been concluded. 1.9 Mediation may not be initiated or, if already initiated, may be terminated if the Chief Executive Officer or the State Board is of the opinion that: (c) mediation does not have a reasonable likelihood of success; the alleged conduct is serious and the reputation of the RSL will be damaged unless a Disciplinary Hearing proceeds expeditiously; or the mediation has not been concluded within a reasonable time The person initiating mediation will, within seven (7) days: appoint a mediator; and inform the parties of the name and contact details of the mediator The parties must contact the mediator with seven (7) days to organise the mediation. The mediation may take place in person, via telephone or by other electronic means The mediator will be: a person chosen by agreement between the parties in consultation with the person initiating the mediation; or In the absence of such agreement, a person appointed by the Chief Executive Officer A mediator can be replaced by the person initiating the mediation if the mediator is unavailable, unwilling, fails to act or resigns. The replacement is to be selected in accordance with paragraph A mediator cannot be: a party to the dispute; or ix

29 If the dispute is between a member and one or more members of the Sub- Branch Committee, a person who is a member of the Sub-Branch Committee A mediator may be a member of the Sub-Branch The parties must comply with the mediator s reasonable directions in relation to the conduct of the mediation. If required by the mediator or the Chief Executive Officer, the parties will enter into a mediation agreement The parties must, in good faith, attempt to settle the dispute by mediation Proceedings before the mediator are confidential and must not be disclosed by the mediator or the parties to any other person except as required by law The mediator is required to: (c) give the parties to the mediation process every opportunity to be heard; give due consideration to any written statement submitted by either party; and ensure natural justice is accorded to the parties to the dispute throughout the mediation process The mediator may not determine the outcome of the dispute The mediator must inform the person initiating the mediation: if a party fails to: (i) Contact the mediator as required by paragraph 1.11; (ii) (iii) Comply with a direction given by the mediator in accordance with paragraph 1.16; or Make a good faith attempt to settle the dispute as required by paragraph (c) if the dispute is resolved; and if the dispute cannot be resolved If the mediation does not result in the resolution of the dispute, the mediator will notify the Chief Executive Officer who may: request the parties to submit to further mediation by a mediator appointed by the Chief Executive Officer; or refer the matter to the State Board; and\or x

30 (c) refer the matter to the State Tribunal Following a successful resolution of the dispute through mediation, each party shall sign an agreement to be bound by the result of mediation At the conclusion of the mediation, each party is to be provided with a written notice, in a form approved by the Chief Executive Officer, informing them that: (c) they are to conduct themselves in a manner becoming a member of the League ; and failure to comply with any agreement reached during the mediation may be conduct unbecoming a member contrary to Sub-Branch Rule 13 and State Branch Constitution Rule 22.1 and may result in disciplinary proceedings; and if the dispute has not been resolved by the mediation the dispute may: (i) (ii) be referred to the State Board and\or State Tribunal; and be disposed of in accordance with the provisions of State Branch Constitution Rule Failure by a party to: meet with each other to resolve the dispute as required by paragraph 1.3; contact the mediator as required by paragraph 1.11; (c) comply with a direction given by the mediator in accordance with paragraph 1.16; (d) execute a mediation agreement in accordance with paragraph 1.16; (e) make a good faith attempt to settle the dispute as required by paragraph 1.17; (f) (g) keep the mediation confidential as required by paragraph 1.18; or comply with any agreement resolving the dispute, will be conduct unbecoming a member contrary to Sub-Branch Rule 13 and State Branch Constitution Rule No member may initiate or continue with any legal proceedings in relation to a Sub- Branch dispute or a Disciplinary Hearing against: the State Branch; a Sub-Branch; or xi

31 (c) a member of the League, until mediation has been concluded Paragraph 1.26 does not apply to an application for urgent interlocutory relief other than relief based on an allegation of a lack of natural justice or other irregularity in any hearing or procedure by the State Branch, the Sub-Branch or any of their officers If a member alleges any lack of natural justice, procedural irregularity or unfairness in relation to a Disciplinary Hearing, the member shall not institute or continue with any legal proceedings in relation to the same unless the member has first brought the allegation to the attention of: in the case of a hearing by a Sub-Branch Committee, the Sub-Branch Committee and the Chief Executive Officer; or in all other cases: the State Tribunal. 2. Guidelines for the conduct of a State Branch Tribunal Hearing 2.1 A notice referred to in Rule 23.2 shall inform the member that he/she has a personal right of audience only at the said meeting and that he/she may not be represented thereat by any person. Such notice shall also inform the member of the provisions of paragraphs 2.2 and If a member exercises the right conferred upon him/her by paragraph 2.1 he/she shall be granted an audience by the State Branch Tribunal concerned and given every opportunity to put such relevant facts and material before the State Branch Tribunal as he/she desires. 2.3 If a member does not desire to exercise the right conferred upon him/her by paragraph 2.1, he/she may nevertheless forward to the State Branch Tribunal such written relevant material as he/she desires and the State Branch Tribunal shall take that material into account when considering the proposed resolution. 2.4 The resolution of a State Branch Tribunal imposing a penalty upon the member shall not be of any force or effect unless it was passed by a majority of the members of the State Branch Tribunal present at the meeting and the vote shall be recorded in the minutes of the meeting. 2.5 At the commencement of the meeting referred to in Rule 23.2, and before proceeding to consider whether or not they will form an opinion pursuant to Rule 23.1, the members of State Branch Tribunal present at that meeting shall consider whether or not the provisions of Rule 23.2 and paragraphs 2.1 to 2.3 inclusive have been complied with, and if it appears that there has been non-compliance with any of those provisions, the meeting shall not proceed further at that time unless the members are satisfied that no prejudice would be caused to the member before them by so proceeding. Such consideration and the decision thereon shall be included in the minutes of the meeting. xii

32 2.6 A State Branch Tribunal which has formed an opinion pursuant to Rule 23.2 shall, before imposing any penalty, afford the member the opportunity of submitting to it any mitigating circumstances which shall be taken into account. 3. Procedures for the conduct of a National Tribunal Hearing 3.1 The National Tribunal shall elect its Chairman. The quorum for a meeting of the National Tribunal shall be three members, one of whom should be the Chairman. If the Chairman is not available for a particular meeting, the members shall elect a Chairman for that meeting. 3.2 If there is a casual vacancy amongst the members of the National Tribunal, the National Executive may appoint another qualified person to fill the vacancy. Any person so appointed shall hold office only until the person in whose stead he/she was appointed would have vacated office and shall then be eligible for re-appointment. 3.3 Each member shall have one vote at a meeting thereof but in the event of there being an equality of votes the Chairman of that meeting shall have an additional vote which may be cast by him/her as he/she sees fit. 3.4 If an appeal pursuant to this By-Law is from the decision of a State Branch Tribunal, the appeal shall be addressed to the National Secretary and lodged with the State concerned together with the sum of $400.00, within 28 days after the date upon which the resolution of the said Branch Tribunal was notified in writing to the person lodging the appeal, otherwise it shall not be treated as valid. 3.5 An appeal lodged pursuant to this By-Law shall be accompanied by a statement in writing by the person lodging the appeal setting out the aspect or aspects of the decision which gave rise to the appeal and the facts upon which it relies. An appeal shall not be treated as valid unless it complies with this By-Law. 3.6 Upon receipt of an appeal, the State Branch shaft forthwith forward to the National Secretary: the appeal statement including the aspect as part of the State Branch Tribunal Resolution which gave rise to the appeal, the grounds of the appeal and the facts upon which it relies; the sum of $ referred to in paragraph 3.4; (c) (d) all its papers and documents concerning the member; and a copy of its minutes relating to the matter giving rise to the appeal. 3.7 Subject to paragraph 3.11, upon an appeal, together with the sum of $ being lodged with a State Branch in accordance with paragraph 3.4, the decisions of the State Branch Tribunal which are appealed shall be stayed unless otherwise ordered. xiii

33 3.8 If an appeal pursuant to this By-law is from the decision of a person appointed under Rule 24, the appeal shall be lodged with the National Secretary together with a sum of $ within 28 days after the date upon which the decision was notified in writing to the member, otherwise it shall not be treated as valid. 3.9 Subject to paragraph 3.11, upon an appeal referred to in paragraph 3.8 together with the sum of $ being lodged with the National Secretary, the decision of the person appointed under Rule 24 shall be stayed until the appeal is concluded, abandoned or discontinued The National Secretary shall forthwith advise the person appointed under Rule 24 of the receipt of an appeal from his/her decision. Such person shall thereupon forward to the National Secretary: all his/her papers and documents concerning the member; and his/her minutes relating to the matter together with the reasons for his/her decision giving rise to the appeal Upon an appeal to the National Tribunal being properly instituted in accordance with the Rules and this By-Law against a decision involving disqualification from office, suspension or expulsion of a member, that member shall temporarily relinquish any position held as an office bearer of a Sub-Branch, Regional Coordinator or State Board of the State Branch, until such appeal is concluded, dismissed or discontinued The National Tribunal shall: hear and determine an appeal pursuant to the National Tribunal as soon as possible after the receipt by the National Secretary of the documents specified in paragraph 3.5; and give to the member concerned not less than 28 days notice in writing of the date, time and place of its meeting at which his/her appeal will be heard The parties to an appeal before the National Tribunal shall each pay their own costs of and incident to the appeal, save and except that the National 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/her appeal should be paid to him/her and by whom. For the purposes of this paragraph the out-of-pocket expenses incurred by the member shall not include the costs of his/her being represented before the National Tribunal The National Tribunal may also make such order as it sees fit as to the manner in which the sum of $ shall be treated. xiv

34 3.15 As soon as practical after reaching its decision on an appeal, the National Tribunal shall advise the National President of that decision and subsequently, the National President shall cause the relevant State Branch and the appellant to be notified The National Executive, respective State Branch and Sub-Branch must enforce a decision of the National Tribunal and a member must comply with such decision The National Executive, the respective State Branch or Sub-Branch must give due consideration to any recommendations of the National Tribunal. xv

35 STATE BY-LAW 8 MODEL RULES FOR SUB-BRANCHES OF THE RETURNED & SERVICES LEAGUE OF AUSTRALIA (S.A. BRANCH) INC. As adopted by the Annual Sub-Branch Conference 2 July 2011 xvi

36 xvii

37 TABLE OF CONTENTS MODEL RULES FOR SUB-BRANCHES Rule Page 1. Name and Motto Registered Office Interpretation Objects Powers of the Sub-Branch Application of Income and Property Rights and Liabilities of Members Membership of the Sub-Branch Categories of League Membership Social Members of Sub-Branch General Provisions as to Membership Cessation of Membership Disciplinary Powers of a Sub-Branch and Appeals arising therefrom Readmission of persons previously expelled from membership Subscriptions League Name, Badges, Banners, Insignia and Awards Capitations and Contraventions General Meetings Special General Meetings Annual General Meetings State Branch Annual Sub-Branch Conference Sub-Branch Appointments Accounts Common Seal xviii

38 25. Amendment of the Rules Standing Policy By-Laws Notices Women s Auxiliaries General Winding Up of the Sub-Branch xix

39 RULES FOR SUB-BRANCHES OF THE RETURNED & SERVICES LEAGUE OF AUSTRALIA (S.A. BRANCH) INC. 1. Name and Motto 1.1 The name of the Sub-Branch is The Returned & Services League (... ) Sub-Branch, hereinafter referred to as the Sub-Branch and its motto shall be The Price of Liberty is Eternal Vigilance. 1.2 The Sub-Branch is a Sub-Branch of The Returned & Services League of Australia (S.A. Branch) Incorporated. 1.3 The aims of the Sub-Branch are to uphold loyalty to the Nation and its Sovereign and to uphold the Westminster system of Government and the Constitution of the Nation. 1.4 So far as is permitted by law and unless it is incapable of application, the short title of the Sub-Branch shall be RSL... Sub-Branch. 2. Registered Office 2.1 The Registered Address of the Sub-Branch shall be.. or such other place as may be determined from time to time by the Sub-Branch. 3. Interpretation These Rules shall be construed with reference to the Associations Incorporation Act 1985, as amended from time to time. 3.2 Terms used herein shall be taken as having the same meanings as they have when used in that Act unless the contrary intention appears and in these Rules : Affiliate means a person who has been admitted as an Affiliate of a Sub-Branch pursuant to Rule 9. By-Laws means the By-Laws of the State Branch of the League or of the Sub- Branch. (c) Eligible Institution means a fund, authority or institution : (i) (ii) listed in Division 30 of the Tax Act as a fund, authority or institution to which tax-deductible gifts may be made; or in a class of funds, authorities or institutions listed in Section 30 of the Tax Act as a class of funds, authorities or institutions to which taxdeductible gifts may be made. 1

40 (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) Chief Executive Officer means the person formerly referred to as the Executive Director or State Secretary of the State Branch of South Australia, appointed pursuant to Rule 38 of the State Branch Constitution. Honorary Life Member means a person who has been admitted to that class of membership pursuant to Rule 9. Honorary Member means a person who has been admitted to that class of membership pursuant to Rule 9. League means the Returned & Services League of Australia Limited. Life Member means a Service Member who has been elected to that class of membership pursuant to Rule 9. Life Subscriber means a Service Member who has made a subscription for life in accordance with the Rules prevailing at the time such subscription was made. Member means a person who has been admitted to any one of the classes of members described in Rule 8. 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. National Congress means a general meeting of the League. National Executive means the Board of Directors of the League constituted by Rule 36 of the National Constitution and comprising those persons set forth in that Rule. Officer includes the elected officers and the committees or other body howsoever that body may be described, charged with the duty of administering the affairs of the Sub-Branch. Service Member means a person who has been admitted to that class of membership pursuant to Rule 9. 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. State Board means the body constituted by Rule 39 of the State Branch Constitution. State Branch means The Returned & Services League of Australia (S.A. Branch) Incorporated. 2

41 (t) (u) (v) (w) (x) (y) (z) (aa) (bb) (cc) (dd) (ee) Regional Co-ordinator means the body constituted by Rule 8 of the State Branch Constitution, to represent the Sub-Branches in determining policy of the State Branch. State Standing Policy means the policy of the RSL determined by the State Branch Annual Sub-Branch Conference from time to time pursuant to Rule 26. State Branch Tribunal means the Tribunal established by the State Board pursuant to Rule 22 of the State Branch Constitution. Sub-Branch means a Sub-Branch of the League established either by the National Executive or the State Branch within its jurisdiction. 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 1985, as amended from time to time. The Commonwealth means the Commonwealth of Australia. The Law means The Corporations Law. The Nation means the Commonwealth of Australia. Women s Auxiliaries means an Auxiliary authorised within a Sub-Branch consisting of the spouse/partner, widow or close female relative of a member, or of a person eligible for membership of the Sub-Branch. 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 League is established for the principal purpose of promoting the interests and welfare of former and serving members of the Australian Defence Force and their dependants and for this purpose the Sub-Branch has the following objects : (c) To assist and care for the sick, elderly and needy by providing, or assisting to provide, pensions, benefits, accommodation, medical treatment, rehabilitation and other forms of welfare. To establish and accept trusts having for their object the welfare and benefit of any member of the League or the Sub-Branch, or of any member, or ex-member, of the Australian Defence Force, or their dependants. In furtherance of any of the objects of the League, to make grants to and give assistance to such persons, trusts, groups, associations, societies, institutions or other organisations and authorities and to establish such scholarships as the Sub- Branch may, from time to time determine. 3

42 (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) To perpetuate the close and kindly ties of friendship created by mutual service in the Australian Defence Force or in the forces of nations traditionally allied with Australia and the recollections associated with that experience, to maintain a proper standard of dignity and honour among all past and present members of the Australian Defence Force, and to set an example of public spirit and noble hearted endeavour. To ensure the preservation of the memory and the records of those who suffered and died for the Nation; to ensure the erection of memorials to their valour and that they have suitable burial places; to establish and preserve in their honour, ANZAC Day, Remembrance Day and other commemorative occasions. To promote the defence of the Nation and guard the good name and preserve the interests and standing of members of the Australian Defence Force. To encourage members of the League and citizens to serve the Nation with a spirit of self sacrifice and loyalty. To maintain a national association, non-sectarian and in relation to party politics, non-partisan. To enunciate, from time to time, policy on national questions and to encourage members of the Sub-Branch to abide by, support and actively carry out, such policy so far as is permitted by law. To establish, maintain, furnish and equip premises, information bureaux, libraries, literary, social, educational and benevolent institutions for the benefit and advancement of members of the League, or the Sub-Branch and to print, circulate and publish such papers, books, magazines and circulars, carry on such other literary and journalistic undertakings, and publish material that may be conducive to the objects of the League. To subscribe or donate, to become a member of and co-operate with any other body of persons corporate or unincorporate whose objects are similar to those of the League and which prohibits the distribution of its or their income and property, amongst its or their members, to an extent at least as great as is imposed on the League under or by virtue of Rule 6. To establish Women's Auxiliaries and other auxiliaries of the League within the Sub-Branch. To accept subscriptions and donations whether of real or personal estate and devises and bequests for all or any of the purposes aforesaid and so far as permitted by law to dispose of or to lease and accept surrenders of leases of and manage all real estate (including leaseholds) so received and not required or capable of being occupied for the purposes of the State Branch or the Sub- Branch. The Sub-Branch shall take or hold any property which may be subject to any Trust and shall only deal with the same in such manner as allowed by law, having regard to such Trust. 4

43 (n) (o) (p) (q) (r) To invest and deal with any of the moneys or other assets of the Sub-Branch not immediately required upon such securities and in such manner as the Sub-Branch may determine. To invest and deal in real estate and to hold property for the purposes of furthering all or any of the objects of the League. To borrow or raise money in such manner as the Sub-Branch may think fit, for any of its objects and in particular by mortgage, or other securities, upon all or any of the property of the Sub-Branch, present or future. To do all such other lawful things as are conducive or incidental to the attainment of any of the above objects, and To make, amend and repeal Sub-Branch By-Laws pursuant to the Rules. 5. Powers of the Sub-Branch 5.1 Solely for furthering the objects of the League and subject to Sub-Rule 9.7 of the State Branch Constitution, the Sub-Branch has the legal capacity and powers set out in the Act as follows: (c) Acquire, hold, deal with and dispose of, any real or personal property. Administer any property on trust. Open and operate bank accounts. (d) Invest its moneys (i) (ii) in any security in which trust moneys may, by Act of Parliament, be invested; or in any other manner authorised by these Rules; (e) (f) (g) (h) Borrow money upon such terms and conditions as the Sub-Branch thinks fit. Give such security for the discharge of liabilities incurred by the Sub-Branch as it thinks fit. Appoint Agents to transact any business on its behalf, and Enter into any other contract it considers necessary or desirable. 5.2 The Sub-Branch shall not be authorised, entitled, or empowered to engage the credit of, or incur any liability, on behalf of the State Branch. 6. Application of Income and Property 6.1 The income and property of the Sub-Branch shall be applied exclusively for the promotion of the objects of the League. No amount may be distributed directly or indirectly to any member except as bona fide remuneration for services rendered or expenses incurred on behalf of the League. 5

44 7. Rights and Liabilities of Members 7.1 Except as is provided for in the Act, a member is not liable for the debts and liabilities of the Sub-Branch. 6

45 8. Membership of the Sub-Branch 8.1 The membership shall consist of the following classes, namely: (c) (d) Service Members. Life Members. Honorary Members, and Honorary Life Members. 8.2 The provisions of these Rules shall not disturb the continuity of membership of a person who was admitted to membership of the Sub-Branch (irrespective of the class of membership to which he had been admitted) prior to these Rules coming into force and effect. 9. Categories of League Membership 9.1 Categories of League Membership are defined in the State Branch Constitution Rule Nos inclusive. 10. Social Members of the Sub-Branch 10.1 Rule 15 of the State Branch Constitution makes provision for Sub-Branches to apply to State Branch to admit social members. However, applications for social membership should be strongly encouraged to apply to become affiliates of the Sub- Branch in order to uphold the objects of the League. (By-Law 11 refers). 11. General Provisions as to Membership 11.1 The Sub-Branch shall have jurisdiction as provided for in the State Branch Constitution, over any person who is a member of the Sub-Branch All classes of membership shall be deemed to have agreed to be bound by the provisions of these Rules and the By-Laws. In the event of an inconsistency deemed pursuant to Rule 38 of the State Branch Constitution, between these Rules and By- Laws and those of the State Branch, the State Branch Rules and By-Laws shall prevail to the extent of that inconsistency All Service and Life members shall be of equal status in the Sub-Branch A Service Member or Life Member who is a member of the Sub-Branch shall not be eligible to be a member of another Sub-Branch but may apply to be admitted as an Associate. Such an application shall be lodged with the Secretary of the other Sub- Branch and upon being admitted, he shall be known as an Associate of that other Sub- Branch The Application for Associate membership shall be displayed in a conspicuous place in the Sub-Branches premises for not less than fourteen (14) days prior to consideration at a Committee Meeting of the Sub-Branch. 7

46 11.6 The annual subscription payable by an Associate to the other Sub-Branch shall be the annual subscription payable by a Service Member less that proportion of each annual subscription referred to in Rule Subject to Sub-Rule 11.8, a Service or a Life Member who is also an Associate within the meaning of Sub-Rule 11.4, shall be entitled to hold office, vote and speak at a meeting of not more than one Sub-Branch A Service or Life Member to whom Sub-Rule 11.7 applies shall : Elect in writing the Sub-Branch in which he wishes to be eligible to hold office, vote and speak, and Deliver such election to the Sub-Branches of which he is both a member and an Associate, and until he has complied with this Rule, he shall only be entitled to hold office, vote and speak at the Sub-Branch of which he is a member and such election shall not be able to be revoked during the membership year in which it is made Should in the opinion of the Committee an Associate Member of the Sub-Branch have been found guilty of conduct unbecoming a member or has been found guilty of any of the provisions contained in Rule 18 of the State Branch Constitution, the Committee may resolve to recommend to a General Meeting of the Sub-Branch that the Member be reprimanded or suspended at the pleasure of the General Meeting or his membership of the Sub-Branch be terminated The Sub-Branch in General Meeting may resolve to reprimand or suspend at the pleasure of the General Meeting or terminate the Sub-Branch membership of the Associate referred to in Sub-Rule Such resolution shall not be of any force or effect unless the procedures set out in Rule 17 are complied with Where an Associate Member has been suspended or has had his Sub-Branch membership terminated, the Sub-Branch shall advise the State Branch of such member s name and the reasons for the suspension or termination The National Executive, if it is satisfied that special circumstances exist, and acting on the advice of the Sub-Branch through the State Branch, may admit as a Service Member a person who has not served for the period of six (6) months specified by Rule 9, provided such person is otherwise qualified to be admitted as a Service Member No person who is under the age of 18 years shall be eligible to apply for membership. 12. Cessation of Membership 12.1 Any member desiring to resign and who is not in arrears with his annual subscription shall give notice in writing to that effect. Upon such notice being lodged with the Sub-Branch Secretary he shall cease to be a member and the State Branch shall be advised accordingly. 8

47 13. Disciplinary Powers of the Sub-Branch and Appeals Arising Therefrom 13.1 Before disciplinary action is taken the State Branch and the Sub-Branches are to develop compulsory mediation/conciliation procedures to resolve disputes before they escalate to the point where formal action needs to be taken. Guidelines for the mediation process will be contained in the By-Law Notwithstanding the above, if the committee of the Sub-Branch has reason to believe that a member may be guilty of conduct unbecoming a member the committee can refer to State Branch Constitution Rule 21 for guidelines and disciplinary powers of the State Branch and appeals arising therefrom. In the event of a conflict between the charged member and one or more members of the committee, such as would compromise the impartiality of any committee findings, the committee or the member may resolve that the matter be referred to State Branch for resolution pursuant to Rule Re-Admission of Persons Previously Expelled from Membership 14.1 No person who has been expelled from Service Membership pursuant to these Rules shall be re-admitted as a Service Member except by the National Executive No person whose Associate or Affiliate Membership of the Sub-Branch has been previously terminated, shall be readmitted as an Associate or an Affiliate, as the case may be, except by a majority of three quarters of the Service Members present and voting at a General Meeting, approving such readmission. 15. Subscriptions 15.1 A Service Member shall pay to the Sub-Branch such annual subscription as is determined from time to time by the State Branch Annual Sub-Branch Conference An Affiliate Member shall pay to the Sub-Branch such amount as is determined by a General Meeting of the Sub-Branch, providing, however, that the amount shall be the minimum prescribed at the State Branch Annual Sub-Branch Conference The Sub-Branch shall pay to the State Branch, such proportion of each annual subscription received by it (referred to as capitation fees ) as is determined at the State Branch Annual Sub-Branch Conference and the amount shall not be less than that determined at the National Congress Annual subscriptions shall be payable in advance on January 1 in each calendar year A person applying for membership and paying a full year s subscription after the 30 th September shall be granted membership for the period up to the 31 st December of that year and the subscription will take effect from the 1 st January of the following year If a Member fails to pay his annual subscription by the due date, he shall cease to enjoy the privileges of membership. A Member who has not paid his annual subscription by the due date may reinstate his membership by paying the prescribed amount in full prior to 31 9

48 December in the year that the membership became due. If the Member makes such a payment then he shall retain his continuity of membership and any office to which he has been elected or appointed. During the period that a Member is unfinancial, he may not hold any office, exercise any voting rights or participate in any debate. (c) Member who has not paid his annual subscription prior to 31 December of the year in which it became due may, at the discretion of the Sub-Branch Committee, be required to complete a new Application for Membership in accordance with the Rules and By-Laws for Sub-Branches before his membership is reinstated A member whose subscription has not been paid pursuant to Sub-Rule 15.4 shall not be : (c) (d) Elected or appointed to any office in the Sub-Branch. Elected to represent the Sub-Branch as a Regional Co-ordinator. Elected to any office of the State Board, or Elected or appointed a Delegate to the State Branch Annual Sub-Branch Conference If the Australian Defence Force or an Allied 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 to the Sub-Branch. 16. League Name, Badges, Banners, Insignia and Awards 16.1 The name of the League, the letters RSL, badges, banners, awards and any other insignia of the League remain the property of the League. Conditions and prescribed use are outlined in By-Laws 12 and Capitations and Contraventions 17.1 On the first day of each month of the year, the Sub-Branch shall pay to the State Branch Office the capitation fees due and owing by it If the Sub-Branch is in default with payment of its capitation fees for a period of three (3) months, its right to vote at the State Branch Annual Sub-Branch Conference shall be suspended so long as such default continues, provided however that the State President at that Conference may upon such terms as he shall think fit, permit the Sub-Branch to vote The Sub-Branch shall provide an audited balance sheet of its financial accounts to the State Branch within thirty (30) days of its Annual General Meeting. Default of this condition will preclude the right to vote at the State Branch Annual Sub-Branch Conference The Sub-Branch shall, if required in writing by the State Board, produce for inspection all its books of accounts, minute books, statutory registers kept under any law (if applicable) and records and supply such returns and other information as the State Board may from time to time require. 10

49 18. General Meetings 18.1 A General Meeting of the Sub-Branch shall be held monthly on a regular date and at a regular time, to be determined from time to time by a General Meeting A notice detailing the dates and times of General Meetings for the ensuing year, shall be exhibited on the Sub-Branch Notice Board immediately following the Annual General Meeting At a General Meeting of the Sub-Branch, twenty percentum of the Service members or.. Service members present, whichever shall be the lessor, shall form a quorum. If within fifteen (15) minutes of the time fixed for the opening of the meeting, a quorum is not present, the meeting will stand adjourned to such date as shall be fixed by the person who would have been Chairman had the meeting proceeded. Should a quorum not be present at such adjourned meeting, those present shall constitute a quorum and may proceed to transact the business for which the meeting was called The proceedings of any General Meeting shall be conducted in accordance with the By- Laws At every General Meeting of the Sub-Branch the Bank Statement shall be produced for inspection together with a Statement of Income and Expenditure for the period since the presentation of such statement was previously provided to the General Meeting A General Meeting may appoint such Sub-Committees as it may deem necessary and Delegate to such Sub-Committees such of its powers as it thinks fit. Such Sub- Committees shall consist of at least one (1) member of the Sub-Branch Committee and such other members of the Sub-Branch as are considered necessary. The President (or his nominee) shall be an ex-officio member of any Sub-Committee appointed pursuant to this Sub-Rule. 19. Special General Meetings 19.1 The Sub-Branch President may convene a Special General Meeting as and when deemed necessary or on receiving a requisition to do so in writing, signed by not less than ten Service members of the Sub-Branch Any such requisition shall set out the business to be submitted to such Special General Meeting All business shall be special that is transacted at a Special General Meeting and shall be conducted in accordance with the By-Laws but exclude that business normally transacted at a General Meeting Subject to the provisions of the Act relating to special resolutions and agreements for shorter notice, at least twenty-one (21) days notice (exclusive of the day on which the notice is served or deemed to be served, but inclusive of the day for which notice is given) specifying the place, day and the hour of the meeting and in the case of special 11

50 business, the general nature of that business, shall be given to such persons as are entitled to receive notice The quorum of a Special General Meeting shall be twenty-five percentum of the financial Service Members of the Sub-Branch or.. financial Service members whichever shall be the lesser If within fifteen (15) minutes of the time fixed for the opening of any Special General Meeting a quorum is not present, the meeting shall be adjourned to such date and time as shall be fixed by the person who would have been Chairman had the meeting proceeded. Should a quorum not be present at such adjourned meeting, those present shall constitute a quorum and may proceed to transact the business for which the meeting was called. 20. Annual General Meetings 20.1 There shall be an Annual General Meeting which shall be held during the month of each year Notice of the date and time of the Annual General Meeting shall be given to all members of the Sub-Branch in accordance with Rule No business shall be transacted at any such Annual General Meeting of the Sub-Branch unless a quorum of twenty-five percentum of the financial Service Members of the Sub- Branch or financial Service Members, whichever is the lesser, is present at the time when the meeting proceeds to business If within thirty (30) minutes from the time appointed for the meeting a quorum is not present, it shall stand adjourned until the same day in the next week at the same time and place or to such other day and at such other time and place as the Sub-Branch may determine and if at the adjourned meeting a quorum is not present within thirty (30) minutes of the time appointed for the meeting, the members present and entitled to vote shall constitute a quorum The Sub-Branch President shall preside as Chairman at every Annual General Meeting or in the event of his absence or if there is no Sub-Branch President or if he is not present within fifteen (15) minutes of the time appointed for the holding of the meeting or is unwilling to act, a Vice President shall preside as Chairman of the meeting. In the event of there being no Vice President or if he is not present within fifteen (15) minutes of the time appointed for the holding of the meeting or is unwilling to act, the members present and entitled to vote shall elect one of the members to be Chairman of the meeting The Chairman may, with the consent of any meeting at which a quorum is present and shall if so directed by the meeting, adjourn the meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than business left unfinished at the meeting from which the adjournment took place. When a meeting is adjourned for thirty (30) days or more, notice of the adjourned meeting shall be given as in the case of an original meeting, but it shall not be necessary to give any notice of the business to be transacted at the adjourned meeting The conduct of any Annual General Meeting of the Sub-Branch, shall be conducted in accordance with the By-Laws. 21. State Branch Annual Sub-Branch Conference 12

51 21.1 The Sub-Branch shall be entitled to appoint one Delegate to the State Branch Annual Sub-Branch Conference and an Alternate Delegate to act in the absence or nonavailability of the appointed Delegate. Persons so appointed shall be Service members except as provided by Sub-Rule Sub-Branch Appointments 22.1 There shall be a Committee appointed by the Members present and voting at the Annual General Meeting, comprising : President Immediate Past President who shall act only for the period immediately following his vacation of Office of President and until the next Annual General Meeting of the Sub- Branch... Vice President(s) - as determined by the Sub-Branch Secretary Treasurer Committee Members - as determined by the Sub-Branch 22.2 The duties of the Officers are as prescribed in the By-Law, however, the Offices of Secretary and Treasurer may be combined at any time subject to the approval of a General Meeting of the Sub-Branch Any Service or Life Member shall be eligible for election as President or Vice President, providing that member has been a Service or Life Member of the Sub-Branch for not less than twelve (12) months immediately prior to the calling of nominations and has previously served at least twelve (12) months on the Committee of a Sub-Branch Any Service, Life Member or Affiliate of the Sub-Branch shall be eligible for election as Secretary, Treasurer or as a Member of the Management Committee provided that the member has been a Service, Life Member or Affiliate of the Sub-Branch for not less than twelve (12) months immediately prior to the calling of nominations Nominations for the elections of Officers and members of the Committee shall be called at the.. General Meeting of the Sub-Branch and a notice advising that nominations have been called, shall be given to members in accordance with By-Law No The notice of the calling of nominations shall include the date and time such nominations close. Such nominations shall be submitted in writing and in the form prescribed in the By-Law Any Casual Vacancies in the Committee may be filled by the Committee and any person appointed to fill such casual vacancy shall hold office only for the unexpired portion of his predecessor s term of office Subject to the provisions of the Act one or more Auditors shall be appointed at the Annual General Meeting of the Sub-Branch, providing, however, that no member of the Management Committee shall be so appointed. 23. Accounts 23.1 The financial year of the Sub-Branch shall be for the twelve (12) months ending on The Sub-Branch shall cause proper books of accounts to be kept with respect to : 13

52 (c) All sums of money received and expended; and the manner in respect of which the receipt and expenditure takes place. All sales and purchases of real and personal property by the Sub-Branch, and The assets and liabilities of the Sub-Branch Such accounts shall be kept at the registered office of the Sub-Branch, or subject to the Act, at such other place as the Sub-Branch thinks fit and shall always be available for the inspection by the members of the Committee Excluding liabilities incurred in trading, the Committee shall not, except in the case of an emergency, incur any liability involving more than $., without the prior approval of the Sub-Branch in a General Meeting The Sub-Branch Committee shall cause to be prepared and to be laid before the Annual General Meeting of the Sub-Branch such Income and Expenditure accounts, Balance Sheets and reports as are required in accordance with the provisions of the Act The Auditor(s) shall at least once in every financial year, examine the Balance Sheet and all accounts relating thereto and shall make a report to the Sub-Branch as to the correctness thereof. 24. Common Seal 24.1 The Sub-Branch shall have a Common Seal (with power to break, alter and change the same from time to time) and on such Common Seal shall be inscribed the name of the Sub-Branch The Seal Holders of the Sub-Branch shall be the person for the time being discharging the duties of President and the person for the time being discharging the duties of the Secretary, or such other member or members of the Committee as may be appointed by the Committee and such persons alone shall be the persons authorised to use the Common Seal The Common Seal shall not be affixed to a document except by the authority of the Sub- Branch Committee Every use of the Seal shall be recorded in the Minute Book of the Sub-Branch and shall be affixed only in the presence of the Seal Holders who shall thereupon append their signatures in addition. 25. Amendment of these Rules 25.1 These Rules may only be amended by a special resolution passed at a State Branch Annual or Extraordinary Sub-Branch Conference and passed by at least 75% of the votes cast by those members entitled to vote on the said resolution The notice served in accordance with Rule 28 shall set out the intention to propose the resolution as a special resolution and specify the terms of the resolution. 26. Standing Policy 26.1 Standing Policy is the policy of the League on any particular matter or topic and which the State Branch Annual Sub-Branch Conference has determined to be Standing Policy in accordance with this Rule. 14

53 26.2 The Sub-Branch shall be bound by and promote the Standing Policy and that of the National Constitution The Sub-Branch shall be non-sectarian and on all questions of Party politics, shall maintain a neutral attitude Standing Policy may only be made, amended or repealed by resolution of the State Branch Annual Sub-Branch Conference, save that it shall be deemed to be repealed by the operation of Sub-Rule 46 of the State Branch Constitution Any Standing Policy will be deemed to be repealed 5 years after the policy becomes Standing Policy. Such Standing Policy can be remade by the passing of a resolution by the State Branch Annual Sub-Branch Conference to that affect. 27. By-Laws 27.1 A General Meeting of the Sub-Branch shall have the power from time to time to make, amend or rescind, such By-Laws as are in its opinion necessary and desirable for the proper control, administration and management of the Sub-Branch s affairs, providing such amendments, recission or making of such By-Laws does not contravene the State Branch Constitution and Rules or those of the National Constitution A By-Law shall : (c) (d) Be subject to these Rules. Be not inconsistent with any provision contained therein. Be entered in a record, which shall be kept for the inspection of members and such By-Laws may be printed and circulated at the discretion of the Committee, and When in force shall be binding on all members, irrespective of the class of membership to which they have been admitted, and shall have the same effect as these Rules. 28. Notices 28.1 A Notice may be given by the Sub-Branch to any member irrespective of the class of membership to which he has been admitted, either personally, or by sending it by post to him at his registered address. Where a notice is sent by post, service of the notice shall be deemed to be effective by properly addressing, pre-paying and posting the notice in sufficient time for it to be delivered in the ordinary course of post. 29. Women s Auxiliaries 29.1 The State Board may permit the formation of a Woman s Auxiliary of the Sub-Branch The Rules governing the administration of the Auxiliary are contained in the Rules and Guidelines approved by the State Board and in the By-Laws. 30. General 30.1 Any member of the Sub-Branch shall be entitled to view a copy of these Rules at the Sub-Branch or purchase a copy from the State Branch Office The adoption of these Rules shall not invalidate any appointment made or act done under the Rules then existing, but all such appointments made and acts done shall be construed as having been made and done in pursuance of these Rules to the extent that they are not inconsistent herewith. 15

54 30.3 No member of the Sub-Branch, whether acting or purporting to act on behalf of the Sub- Branch, shall, unless authorised by resolution of the Sub-Branch, or in cases of emergency by the Sub-Branch President, supply any information to the news media nor take part in any deputation to any Minister of the State or Commonwealth Government or any official thereof, on any matter relating to the Sub-Branch or its affairs By resolution of a General Meeting of Service Members, recommendations may be made to the State Branch in accordance with the By-Laws for the following awards : (c) (d) (e) (f) (g) (h) (i) Meritorious Service Medal. Life Membership. League Service Award State. Certificate of Merit and Gold Badge. Certificates of Appreciation State and National. Certificate of Outstanding Service. Long Service Award (50 Years Cumulative Service). The ANZAC of the Year Award, and The ANZAC Peace Prize Any visitor to the Sub-Branch shall be introduced by a financial member of the Sub- Branch and if required under the Legislation, registered in a Visitors Book kept for that purpose If any situation occurs which is not, in the opinion of the Committee, provided for by these Rules, or the Constitution of the State Branch, it shall be determined by a General Meeting of the members or of the Committee, as such circumstances warrant. 31. Winding Up of the Sub-Branch 31.1 If the Sub-Branch ceases to operate or is dissolved or is wound up, its assets shall, after the satisfaction of all its debts and liabilities and subject to the Act, vest in the Returned & Services League of Australia (S.A. Branch) Inc., to be used by the League as far as possible for its purposes in the place where that Sub-Branch formerly carried out its activities. 16

55 BY-LAW NO. 9 ELECTION OF STATE BRANCH OFFICERS AND REGIONAL COORDINATORS (Rule 41 refers) 1. A minimum of six weeks prior to the 30 th April each year the State Board shall appoint a State Branch Returning Officer who shall be responsible for the conduct of the annual general election of Officers of the State Branch. 2. The State Branch Returning Officer shall, at least five weeks prior to 30 th April in each year, call for nominations for the State Branch appointments of: (c) the office of President (if vacant); all vacant offices of the State Board; and all vacant offices of the Regional Coordinators for the Regions listed at Annex A and as determined by the State Board. 3. The nominations referred to in Paragraph 2 shall be called for by: (c) (d) a notice exhibited in the office of the State Branch; notice to the Secretary of each Sub-Branch of the State Branch; advertisement in at least one daily newspaper published and circulated in South Australia; or such other means as may from time to time be prescribed by the State Board. 4. No person: (c) (d) who is not at the time of calling for nominations a financial Service or Life Member of the League; or who is an employee of the State Branch; or who is for any period exceeding two months immediately prior to the time of calling for nominations indebted to the State Branch; who does not meet the selection criteria for the State Board (Annex B); shall be qualified to nominate or be appointed or elected to hold any office on the State Board or the office of Regional Coordinator for a term of 3 years. The roles and duties of the State Board Members and Regional Coordinators are detailed in Annex B. 4.1 Nominees may not change Sub-Branch membership between the date of issue of the memorandum calling for nominations and the date on which nominations close. 17

56 4.2 If there is a vacancy for the position of Regional Coordinator which cannot be filled as specified above (section 4 (a, b, c, d) then, and only in such case, the vacancy may be filled by a financial Affiliate of the League provided that the appointment is first approved by the State Board following consultation with the Sub-Branches within the relevant region. 5. Any vacated position on the State Board, is to be treated and dealt with as a casual vacancy as at the date the current incumbent vacates their position. 6. No person, being a Service or Life Member, shall be qualified to be nominated for the office of President unless he/she has served for a period of at least two years as: (c) (d) (e) a member of the State Board; or the President of a Sub-Branch or Secretary of a Sub-Branch within the jurisdiction of the State Branch; or the Chairman of a State Branch Committee; or a Regional Coordinator (previously State Councillor); or a combination of any of the above. The State Branch Office shall maintain a list of persons qualified under this Paragraph, and such list shall be made available to the State Branch Returning Officer. 7. A nomination for the State Board or Regional Coordinator shall be in writing in the form set out in Annex C and shall: (c) state the full name of the candidate, his/her place of residence and occupation; and be signed by the President (or the Vice President if the President is nominating) and another Service Member of the sub-branch of which the nominee is a member following the passing of a resolution in accordance with 11 ; and documentation supporting the nomination should be forwarded with this form. 8. The day of nomination shall be 30 th April in each year, but in the event of that day falling on a Saturday, Sunday or a proclaimed Public Holiday then the next business day shall be the day of nomination. 9. The hour of nomination shall be no later than the close of business of the State Branch Office (4.30 p.m.) on the day of nomination. 10. The place of nomination shall be the office of the Returned & Services League of Australia (S.A. Branch) Incorporated. 11. No nomination shall be valid unless: 18

57 (c) the Sub-Branch of which the nominee is a member has, by a duly convened and held general meeting, resolved to nominate the nominee; and the person nominated consents, as per the nomination form, to act if elected; the nomination paper is received by the State Branch Returning Officer not later than the time specified in Paragraph A candidate may withdraw his/her consent to nomination at any time before the hour of nomination by lodging with the State Branch Returning Officer a notice of withdrawal. 13. The State Branch Returning Officer has the authority to accept the nomination if he/she is satisfied that the provisions of this By-Law has been substantially complied with. 14. In an election for a position on the State Board, or if necessary, Regional Coordinators: if only one candidate is nominated for the vacant position, the State Branch Returning Officer shall declare that candidate duly elected; should no nomination be received which conforms to the requirements of this By- Law the State Branch Returning Officer will inform the State Board. (i) (ii) the State Board may then reaffirm the current incumbent to fill such office for the remainder of the term; or if there is no eligible and willing Service member nominating for the position of Regional Coordinator, a financial Affiliate may be appointed provided such Affiliate is nominated by a Sub-Branch, complies with all other provisions detailed in Sub-Clause 7, and (c) of By-Law 9, and is approved by the other Sub-Branches within the Region and the State Board. (c) (d) (e) (f) if the number of candidates nominated is greater than the number required an election must be held; the State Board has the authority to appoint members to the State Board to cover critical skills requirements. Elected State Board members are to outnumber appointed State Board members by at least 2; a minimum of 2 elected State Board members must be nominated from country regions in accordance with Annex A (all regions except region A); the position of Deputy State President will be an elected State Board member determined by the State Board. 15. As there is no set limit on the number of Regional Coordinators required for each Region, the State Board will assess the need for an election for the position of Regional 19

58 Coordinator. Should an election be deemed necessary the election procedure for the Regional Coordinator positions shall be the same as that for the State Board except the election will be conducted within the relevant region in accordance with Annex A. 16. The State Branch Returning Officer shall make all necessary arrangements for the election, in particular he/she shall: arrange for the preparation and distribution of voting envelopes, Ballot Papers and instructions ensuring that: (i) (ii) the names of all candidates appear on the Ballot Paper in an order which shall have previously been determined by the drawing of lots; all such Ballot Papers be provided to those eligible to vote, as detailed in Sub-Clause 17 of By-Law 9, no later than 17 th May; 17. Only Service Members of Sub-Branches, listed at Annex A, who are, according to State Branch records, financial at 1 st May will be eligible to vote for the positions of State Board Members and Regional Coordinators. 18. All those eligible to vote will receive the following election material:- (c) (d) Ballot Paper Instructions Biographical details of all nominees Reply paid return envelope 19. All voting envelopes must reach the State Branch Returning Officer by the close of business of the State Branch Office (4.30 p.m.) on the 21 st June. In the event of the 21 st June falling on a Saturday, Sunday or proclaimed Public Holiday, the voting envelopes must reach the State Branch Returning Officer by the close of business on the next day of business. Any voting envelopes received after the said hour shall be excluded from the scrutiny. 20. The result of the election shall be ascertained by the State Branch Returning Officer by scrutiny. 21. Each candidate may, by notice to the State Branch Returning Officer in writing, appoint a scrutineer to represent him at the scrutiny and such notice shall be signed by the candidate and shall give the name and address of the scrutineer. The candidate may so appoint different scrutineers to represent him at the scrutiny from time to time, but only one such scrutineer may attend the scrutiny at a time. 22. At the scrutiny the State Branch Returning Officer shall produce unopened envelopes containing Ballot Papers received up to the close of business on the 21st June or the next business day (as the case may be) and shall: open envelopes and assign Ballot Papers to each relevant Sub-Branch; 20

59 (c) scrutinise Ballot Papers from each Sub-Branch and note on form at Annex E the number of votes for each nominee and the successful Sub-Branch nominee(s). scrutinise those nominating for State President separately; 23. The State Branch Returning Officer shall: (c) (d) (e) hold the scrutiny as soon after the close of the poll as practicable at the office of the State Branch or such other convenient place to be appointed by the State Branch Returning Officer. Notice of the place of scrutiny shall be given to all candidates; allow only such Scrutineers as have been duly appointed and any persons appointed by the State Branch Returning Officer to assist him to be present during the scrutiny; declare duly elected the candidate who has nominated for the position of State President and received a clear majority; declare duly elected for each other position any candidate who has a clear majority and has not already been declared elected for an identical position (for example, in the event of an election for more than one Board Member); in the event, however, of an equality of votes by two or more candidates, determine the result by lot. 24. The State Branch Returning Officer shall certify in writing the result of the election, immediately upon completion of the scrutiny. 25. The State Branch Returning Officer is to ensure a copy of the results of the poll is addressed to the State Board and delivered in such a manner as to ensure that it is available for inclusion in the agenda of the next State Branch Annual Sub-Branch Conference. 26. The certification referred to in Paragraph 24 is to be displayed in a prominent place in the office of the State Branch. 27. All offices shall be deemed to have been vacated on the day of the Business Session of the next State Branch Annual Sub-Branch Conference and all members duly elected shall take office on and from the conclusion of the Business Session on that day. 21

60 Annex A to By-Law No. 9 REGIONS REGION A (Metropolitan) A1 Adelaide A2 Western Metro A3 Eastern Metro A4 Northern Metro A5 Southern Metro Adelaide Insurance Maltese Norwood Royal Australian Regiment SA Peacekeepers SA Police Unattached List Unley Henley & Grange Hilton Largs Bay Lockleys Seaton Park Semaphore & Port Adelaide West Croydon & Kilkenny Gilles Plains & Hampstead Glynde Kensington Park Magill Payneham St. Morris Walkerville Elizabeth Enfield Kilburn Lutheran Homes Northfield Prospect Salisbury Tea Tree Gully Blackwood Brighton Colonel Light Gardens Marion Mitcham Morphett Vale Plympton Glenelg Port Noarlunga/Christies Beach 22

61 REGION B (Country) B1 Barossa B2 Onkaparinga/Barker Eudunda Freeling Gawler Kapunda Mallala Mount Pleasant Nuriootpa Robertstown Tanunda Two Wells Aldgate Echunga Gumeracha Lobethal Macclesfield Mount Barker Nairne Stirling Strathalbyn REGION C (Country) C1 Alexandra C2 Murray Goolwa Kangaroo Island McLaren Vale Port Elliot Victor Harbor Willunga Yankalilla Mannum Meningie Murray Bridge Mypolonga Tailem Bend REGION D (Country) D1 Daly Bute Balaklava Crystal Brook Kadina Moonta Port Broughton Port Pirie Port Wakefield Snowtown Wallaroo 23

62 D2 Yorke Peninsula Ardrossan Edithburgh Maitland Port Victoria Port Vincent Stansbury Yorketown REGION E (Country) E1 West Eyre Peninsula E2 South Eyre Peninsula E3 Central Districts Ceduna Minnipa Streaky Bay Wudinna Cowell Cummins-Yeelanna Kimba Port Lincoln Tumby Bay Coober Pedy Port Augusta Roxby Downs Whyalla Woomera REGION F (Country) F1 Chaffey F2 South East F3 Victoria Barmera Berri Blanchetown Lameroo Loxton Morgan Pinnaroo Renmark Swan Reach Waikerie Coonawarra-Penola Millicent Mount Gambier Port MacDonnell Robe Bordertown Keith Kingston Lucindale Naracoorte 24

63 REGION G (Country) G1 Stanley G2 Northern Areas Auburn, Clare & Districts Brinkworth, Koolunga & Yacka Burra Riverton Jamestown Laura Peterborough REGION H (Country) H1 Far Northern H2 Central H3 Barrier Darwin Darwin North Gove Peninsula Katherine Palmerston Alice Springs Tennant Creek Broken Hill 25

64 Annex B to By-Law No. 9 STATE BOARD SELECTION CRITERIA To nominate for a position on the State Board of the Returned & Services League of Australia (SA Branch) Inc, all nominees for the State Board must meet the requirements to be a Responsible Person under the Australian Charity and Not-for-Profit (ACNC) Governance Standard 4 Suitability of Responsible Persons. To be eligible for a position on the Board a nominee must not appear on the ACNC Register of Disqualified Persons and the candidate must meet the following selection criteria: 1. Be a current financial Service Member of the RSL-SA 2. Have continuous financial membership for not less than 5 years immediately prior to the calling for nominations 3. Have held an Executive State or Sub-Branch office (including Committee positions) for a period of not less than 12 months, (or 2 years for the position of State President). (The qualifications for nomination to President are listed separately in Clause 6 of State By-Law No. 9) 4. Not have any criminal convictions (police checks will be conducted) 5. Not have been found guilty of any offence listed in Rule 23 of the State Branch Constitution by a Sub-Branch or RSL Tribunal 6. Have a sound knowledge of the Constitution and workings of the RSL 7. Have no declarations of bankruptcy 8. Have previous relevant business or board experience or held a senior Government / executive position 9. Be willing to accept the roles and responsibilities of a Director of the RSL in accordance with the Constitution 10. Provide a short biography and an outline of their views for the future direction of the RSL for inclusion with the ballot material DUTIES AND RESPONSIBILITIES OF A BOARD MEMBER It is not enough that a community organisation does good work. It also needs to be able to show others that this is really the case, and to be open to outside scrutiny. Being "transparent" means that others, such as consumers, members, the board, or funding bodies, can see what an organisation is doing and how it operates. Being "accountable" means that those responsible for the operation of the organisation, including staff and board members, are open to question and willing to take responsibility and change their behaviour where warranted. Incorporated associations are ultimately accountable to their membership. These are the 1

65 people who "own" an organisation - who must be confident of its viability and comfortable with its ethical framework. The Board Members are delegated by the membership to look after the organisation between Annual General Meetings (AGMs), commonly referred to as Sub-Branch Conferences, and as such are the stewards for monitoring accountability and transparency during the year. It is at the AGM that accountability is most visible, but it is important to develop it as part of organisational culture throughout the year. There is more to accountability than just showing someone the financial reports. It is also about being able to report confidently on the processes that are used within your organisation as it gets its work done. Transparency is about having processes that are clear and understandable. Consumers should find it easy to know what processes are in place to gain access to your service, and how to provide feedback. Staff should understand how employment, entitlement and workload decisions are made, and how to provide input to them. Funding bodies should be able to understand how responsibility is assigned in an organisation, and how funds are spent to achieve the outcomes of a funding agreement. The Board Members should be mindful of their responsibilities. These include: Showing leadership by: o Providing organisational vision above all else o Understanding their role within the organisation o Being a trustee/owner not a volunteer/helper o Being results focussed: consumer result, cost result, vision outcomes Having the discipline to: o Focus on their governance role o Be responsible for working as a group o Determine what information is needed for accountability o Give clear and consistent instruction to the staff o Speak with one voice Fulfilling obligations to membership under the Associations Incorporation Act 1991, including to: o Maintain the register of members o Manage the funds o Appoint the auditor and commission the annual audits o Appoint a Public Officer o Convene the Annual General Meeting o Ensure elections are conducted as required o Provide reports to the Annual General Meeting o Lodge documentation with the Registrar General THE ROLE OF RSL-SA REGIONAL COORDINATOR Regional Coordinators are elected for a period of three years and are eligible for re-election. Their responsibilities include: 2

66 1. Visiting the Sub-Branches in their Region, on invitation, or on a periodic basis, in order to obtain an appreciation of the Sub-Branch s operations. This includes attending committee meetings and the AGM. Any difficulties being experienced with aspects of the League s policy should be identified. 2. Act as mediator and advisor to the Sub-Branch President should there be any conflicts within the Sub-Branch, seeking advice from the Chief Executive Officer (CEO) should the need arise. 3. Provide Sub-Branches with guidance and assistance on interpretation of the 'Rules for Sub-Branches'. The CEO should be consulted if the intent of the rules is not clear or there is a need for specific direction on their application. 4. Attend scheduled Regional meetings and provide feedback to State Branch on Sub- Branch issues. 5. Brief the CEO on matters affecting Sub-Branches in the Region. 6. Represent the RSL (when required) at Commemorative and other activities organised by Local Government, Community Agencies and Ex-Service Organisations, etc. 7. Liaise with the CEO regarding the RSL National Articles of Association, State Constitution and State Legislation, affecting Sub-Branches. 8. Participate in State Branch Committees when nominated. These include, but are not limited to : Ethics, Membership, Awards, and Aged Advisory Committees. 9. Encourage Sub-Branches to support State Branch fund raising, membership and recruitment activities. 10. Contribute to and uphold the traditions and reputation of the RSL in the local community. 11. Promote attendance at the Annual Sub-Branch Conference within the Coordinators Region. 3

67 Annex C to By-Law No. 9 RETURNED & SERVICES LEAGUE OF AUSTRALIA (SA BRANCH) INC NOMINATION PAPER To: The Returning Officer for the State Branch: We, the undersigned, being (1) the President (or Vice President), and (2) another Service Member of the nominee s sub-branch and entitled to vote at the Annual Elections, do hereby nominate: Full Name (Please Print)... a financial member of... Sub-Branch Occupation... Address... as a candidate to serve as*... Dated the... day of Signature of Nominator (1):... (Please print your name)... Address... Occupation.. President/Vice President of Sub-Branch Signature of Nominator (2):... (Please print your name)... Address... Occupation.Service Member of Sub-Branch I, the above named, consent to the above nomination and intend to act if elected. I am not, and have not been named on the ACNC Register of Disqualified Persons within the previous 12 months. Signature of candidate... Witness... (Please print your name)... Address... Nominee advised nomination has been received yes/no Date. N.B. Any candidate nominating for a State Board position must attach all documentation in accordance with the selection criteria, and be eligible for appointment as a Responsible Person (ACNC Governance Standard 4). * Fill in the Office for which the nomination is made, such as State President and/or State Board or in the case of Regional Coordinator fill in Regional Coordinator for Region.... 4

68 By-Law No. 9 Annex D to SAMPLE BALLOT PAPER To be completed by placing a cross alongside the Members choice for the vacant State Board / Regional Coordinator positions and returned to the State Branch Returning Officer in the reply paid envelope provided. SUB-BRANCH... John Smith (C) Peter Jones (C) (SP) Fred Bloggs Sally Jones (C) Joe Public (C) (SP) (C) Country Candidate (SP) State President Candidate 5

69 By-Law No. 9 Annex E to Sub-Branch John Smith (C) RETURNED & SERVICES LEAGUE OF AUSTRALIA (S.A. BRANCH) INC. SAMPLE STATE BRANCH RETURN Peter Jones (C) (SP) Fred Bloggs Sally Jones (C) Joe Public (C) (SP) Sub-Branch Vote Adelaide John Smith, Fred Bloggs Aldgate John Smith, Joe Public Alice Springs Fred Bloggs, Joe Public Ardrossan Fred Bloggs, Sally Jones Auburn, Clare & Districts Balaklava Barmera Berri Blackwood Blanchetown Bordertown Brighton Brinkworth, Koolunga & Yacka Broken Hill 6

70 Burra Bute Sub-Branch Ceduna John Smith (C) Peter Jones (C) (SP) Fred Bloggs Sally Jones (C) Joe Public (C) (SP) Sub-Branch Vote Colonel Light Gardens Coober Pedy Coonawarra-Penola Cowell Crystal Brook Cummins-Yeelanna Darwin Darwin North Echunga Edithburgh Elizabeth Enfield Eudunda Freeling Gawler Gilles Plains & Hampstead 7

71 Glynde Goolwa Gove Peninsula Gumeracha Sub-Branch Henley & Grange John Smith (C) Peter Jones (C) (SP) Fred Bloggs Sally Jones (C) Joe Public (C) (SP) Sub-Branch Vote Hilton Insurance Jamestown Kadina Kangaroo Island Kapunda Katherine Keith Kensington Park Kilburn Kimba Kingston SE Lameroo Largs Bay 8

72 Laura Lobethal Lockleys Loxton Lucindale Lutheran Homes Sub-Branch Macclesfield John Smith (C) Peter Jones (C) (SP) Fred Bloggs Sally Jones (C) Joe Public (C) (SP) Sub-Branch Vote Magill Maitland Mallala Maltese Mannum Marion McLaren Vale Meningie Millicent Minnipa Mitcham Moonta 9

73 Morgan Morphett Vale Mount Barker Mount Gambier Mount Pleasant Murray Bridge Mypolonga Nairne Sub-Branch Naracoorte John Smith (C) Peter Jones (C) (SP) Fred Bloggs Sally Jones (C) Joe Public (C) (SP) Sub-Branch Vote Northfield Norwood Nuriootpa Palmerston Payneham Peterborough Pinnaroo Plympton/Glenelg Port Augusta Port Broughton 10

74 Port Elliott Port Lincoln Port MacDonnell Port Noarlunga/Christies Beach Port Pirie Port Victoria Port Vincent Port Wakefield Prospect Renmark Sub-Branch Riverton John Smith (C) Peter Jones (C) (SP) Fred Bloggs Sally Jones (C) Joe Public (C) (SP) Sub-Branch Vote Robe Robertstown Roxby Downs Royal Australian Regiment SA Peacekeepers SA Police Salisbury Seaton Park 11

75 Semaphore & Port Adelaide Snowtown St Morris Stansbury State Miscellaneous State Unattached Stirling Strathalbyn Streaky Bay Swan Reach Tailem Bend Tanunda Sub-Branch Tea Tree Gully John Smith (C) Peter Jones (C) (SP) Fred Bloggs Sally Jones (C) Joe Public (C) (SP) Sub-Branch Vote Tennant Creek Tumby Bay Two Wells Unley Victor Harbor Waikerie 12

76 Walkerville Wallaroo West Croydon & Kilkenny Whyalla Willunga Woomera Wudina Yankalilla Yorketown 13

77 BY-LAW NO 10 DUTIES AND RESPONSIBILITIES OF OFFICERS 1. President 1.1 The President shall preside as Chairman at all Committee Meetings of the Sub-Branch and meetings should be held as often as is necessary for the proper conduct of the business within the Sub-Branch. 1.2 In the event of his/her absence or if there is no Sub-Branch President or if he/she is not present within fifteen (15) minutes of the time appointed for the holding of the meeting or is unwilling to act, a Vice President shall preside as Chairman of the meeting. In the event of there being no Vice President or if he/she is not present within fifteen (15) minutes of the time appointed for the holding of the meeting or is unwilling to act, the members present and entitled to vote shall elect one of the members to be Chairman of the meeting. 1.3 The Immediate Past President and Vice President(s) shall assist the President in undertaking his/her duties. 2. Secretary 2.1 The Secretary shall: (c) (d) (e) (f) (g) advise the Chief Executive Officer of the names, addresses and occupations of the office bearers of the Sub-Branch, in such form as may be required by the State Branch and of any changes thereof; forward to the Chief Executive Officer within twenty-eight (28) days after the holding of the Annual General Meeting, the audited Balance Sheet of the Sub- Branch as at the last day of the financial year preceding such Annual General Meeting; each month forward to the State Branch so as to reach the Chief Executive Officer by the tenth (10) day of that month, a Capitation Payment schedule, as directed by the State Board detailing capitation payments received during the preceding month together with the amount of capitation due convene and attend at all meetings of the Sub-Branch and of the Committee; keep or cause to be kept minutes of the resolutions and proceedings of such meetings in a record kept for that purpose; conduct the correspondence and generally attend to the administrative work in connection with the Sub-Branch; and perform such other duties as the Committee may from time to time direct. 14

78 3. Treasurer 3.1 The Treasurer shall: (c) (d) (e) (f) (g) (h) receive all subscriptions and keep correct accounts and records showing such receipt; maintain the books of account and the particulars usually shown in such accounts; pay all accounts; generally look after the financial affairs of the Sub-Branch under the direction of the Committee; be responsible for supervising the catering and all expenses incurred in relation therein; produce the bank statement at each General Meeting of the Sub-Branch; forthwith pay all moneys received by him/her on behalf of the Sub-Branch into a banking account established in the name of the Sub-Branch; and perform such other duties as the Committee may from time to time direct. 4. Public Officer 4.1 The Sub-Branch shall appoint a Public Officer pursuant to the provisions of the Act and shall notify the Office of Consumer and Business Affairs in such form as may be required by that Act, of the name and address of the person so appointed. Any change to the appointment shall be notified within the time period prescribed by the Act. 5. Disqualification of Committee Members 5.1 If any officer or member of the Committee shall: (c) (d) (e) without leave of absence granted by the Committee absent himself/herself from three (3) consecutive meetings thereof; or resign his/her Committee appointment; or for any reason cease to be a member of the League; or be included in that class of person specified by the Act as not to be members of a Committee; or die whilst in office, He/she shall be deemed to have vacated his/her office whereon the Committee shall declare such office vacant and act in accordance with Sub-Branch Rule

79 BY-LAW NO. 11 SOCIAL MEMBERSHIP 1. Rule 15 of the Constitution and Rule 10 of the Model Rules for Sub-Branches makes provision for individual Sub-Branches to apply to State Branch to admit Social Members, giving details of the activities sought. However, applicants for Social Membership should be strongly encouraged to apply to become Affiliates of the Sub-Branch in order to uphold the Objects of the League. 2. On the receipt of written approval from the State Board to admit this category of membership, the following conditions will apply: (c) (d) (e) (f) no person may be admitted as a Social Member of the Sub-Branch if that person is eligible to be a Service Member of the RSL; applicants for Social Membership should be in writing and lodged with the Secretary; subject to the Sub-Branch Constitution and any directions given by the Committee, Social Members are free to enjoy the amenities of the Sub-Branch whilst participating in their approved activity; Social Members may attend but not participate in Sub-Branch Meetings or to vote on any motion put to a meeting; Social Members shall pay an annual subscription to the Sub-Branch, the amount of which shall be determined annually by the Committee. Subscriptions are payable by 1 st of January of each year; Social Members details are not to be included on the State Branch data base. 16

80 BY-LAW NO 12 RSL BADGE (Rules 28 and 29 refer) 1. Badge 1.1 Each Service Member or Affiliate shall, on payment of his/her first subscription, be issued, without charge an appropriate badge. 1.2 Badges issued to Life Members, to Life Members awarded a Meritorious Service Medal and to Honorary Members shall be the badge of the League with such additions thereto (if any) as the National Congress may determine. 1.3 If any member shall knowingly permit the badge issued to him/her to be used by any other person for any purpose whatsoever, he/she shall be deemed to be guilty of conduct unbecoming a member and be liable to be dealt with under Rule 22 or All badges issued by the League shall be numbered consecutively. The National Executive and each State Branch shall record all badges issued by them and to whom the same have been issued. 1.5 If any member shall lose his/her badge he/she shall make a statutory declaration as to his/her loss and lodge same either with the State Branch or Sub-Branch of which he/she is also a member. Upon payment of such fee as is determined by the State Board, he/she shall be issued with a replacement badge. 2. Badge Colours 2.1 The approved badge of The Returned & Services League of Australia Limited where used shall conform to the standard colours as detailed in this By-Law. Depending upon the particular use of the badge the correct colours, or those as close as can be obtained depending upon the production process used, shall be contained in the respective parts of the badge being reproduced (eg. two colour letterheads of a large painted badge). 2.2 The basis for the specified colours is the Standards Association of Australia - Australian Standard , Colour Standards for General Purposes publication. 2.3 The colour name and AS2700 number, where included, shall be used in the respective parts of the badge as indicated in the diagram over the page. 17

81 18