KEMPSEY SWIMMING CLUB INCORPORATED CONSTITUTION

1. THE CLUB.

1.1 The Club shall be named the Kempsey Swimming Club Incorporated.

1.2 The colours of the Club shall be MAROON and WHITE.

1.3 The Badge shall be a maroon outer circular band containing the words " Kempsey Swimming Club" in maroon, surrounding a maroon inner circle containing the Olympic Swimming Symbol in maroon on a white background.

2. DEFINITIONS.

The following definitions are applicable;

“The Club” means the Kempsey Swimming Club Incorporated.

“The Area Association” means the governing body of the geographical region where “the club” is situated as determined by Swimming NSW Limited, being Swimming North Coast Incorporated.

“SNSW” means the governing body of swimming in NSW being, Swimming New South Wales Incorporated.

“SAL” means the national governing body of swimming in Australia, Swimming Australia Limited.

“Member” means a person who complies with the definition of a member contained in the

constitution of the Club and is a duly qualified member.

“Safe Sport Framework” refers to the policy and procedures adopted by Swimming Australia.

“Club Year” means the year commencing the First day of October in each calendar year and ending on the Thirtieth day of September in the following year.

“Season” means the period as defined within the Constitution of Swimming New South Wales Ltd..

“The Constitution” means the Constitution of the Club.

“The Executive” means the Executive Committee of the Club.

“The Officers” means the Officers’ of the Club.

“The Committee” means the Management Committee appointed in accordance with the constitution.

“The Secretary” means the Honorary Secretary of the Club.

“The Treasurer” means the Honorary Treasurer of the Club.

“The Financial Year” means the twelve month period commencing the First day of June and ending on the Thirty-first day of May of each calendar year.

“General Meeting” means the Annual, Special General Meeting and/or any meeting of the general membership of the club.

Words of the plural number are to include the singular and vice versa.

Words of the masculine gender shall include the feminine and vice versa.

3. OBJECTS OF THE CLUB.

The Club is established solely for the Objects. The Objects of the Club shall be to:

(a) conduct, encourage, promote, advance and administer Swimming throughout the Local Area;

(b) act, at all times, on behalf of and in the interest of the Members and Swimming in the Local Area

(c) affiliate and otherwise liaise with SNSW and/or SA of which the Club is a Member and adopt their rule and policy frameworks to further these Objects

(d) abide by, promulgate, enforce and secure uniformity in the application of the rules of Swimming as may be determined from time to time by SA or FINA and as may be necessary for the management and control of Swimming and related activities in New South Wales;

(e) advance the operations and activities of the Club throughout the Local Area;

(f) have regard to the public interest in its operations; and

(g) undertake and or do all such things or activities which are necessary, incidental or conducive to the advancement of these Objects.

4. POWERS OF THE CLUB.

Solely for furthering the Objects, the Club has, in addition to the rights, powers and privileges

conferred on it under the Act, the legal capacity and powers of a company as set out under clause 124 of the Corporations Act 2001 (Cth).

5. MEMBERS.

Members of the Club shall consist of;

a) Individual Members who have the right to attend, debate and vote (provided that they meet the conditions set out in 14.2) at General Meetings; and

b) Life Members of the Club, who may attend, debate and vote at General Meetings.

6. MEMBERSHIP.

6.1 Each candidate for membership of the Club;

a) shall register in accordance with the current procedures approved by Swimming Australia and Swimming New South Wales,

b) is to pay a subscription as set by the Committee under clause 9.1,

6.2 The Committee may accept or reject an application for membership and shall not be required or compelled to provide any reason for such acceptance or rejection.

a) Where the Committee accepts an application, the applicant shall become a Member. Membership shall be deemed to commence upon acceptance of the application by the Committee. The Register shall be amended accordingly as soon as practicable.

b) Where the Committee rejects an application, it shall refund any fees paid with the application and the application shall be deemed rejected by the Committee.

6.3 Each candidate accepted for membership, subject to the Constitution, will continue to be a member until;

a) written notice of his resignation has been received by the secretary, or

b) the subscription for the current Club Year is not received.

6.4 Subject to the constitution, a member is not to be entitled to the privileges of the Club or be eligible to enter for any race or competition of the Club until his subscription and all his liabilities to the Club are paid.

6.5 The liability of a member of the Club to contribute towards the payment of the debts and liabilities of the Club or any costs, charges and expenses if the Club is wound up is limited to $1.00.

6.6 Members are bound to comply with the Swimming Australia Safe Sport Framework. Accordingly, all complaints or disputes under the Safe Sport Framework will be dealt with in accordance with the processes set out under the Safe Sport Framework. Members agree to submit unreservedly to the jurisdiction, disciplinary procedures, penalties and the appeal mechanisms set out in the Safe Sport Framework (Refer Clause 20).

7. EFFECT OF MEMBERSHIP.

Members acknowledge and agree that:

(a) this Constitution constitutes a contract between each of them and the Club and that they are bound by this Constitution and the By-Laws.

(b) they shall comply with and observe this Constitution and the By-Laws and any determination, resolution or policy which may be made or passed by the Board or other entity with delegated authority;

(c) by submitting to this Constitution and By-Laws they are subject to the jurisdiction of the Club, the Area Association, SNSW and SAL.

(d) this Constitution is made in pursuit of a common purpose, namely the mutual and collective benefit of the Club, the Members and the sport of Swimming;

(e) the Constitution and By-Laws are necessary and reasonable for promoting the Objects and

particularly the advancement and protection of Swimming;

(d) they are entitled to all benefits, advantages, privileges and services of Club membership;

(e) if their membership ceases they will have no claim against the Club or the Committee for damages or otherwise arising from cessation or termination of membership; and

(f) a right, privilege or obligation of a Member by reason of their membership of the Club is not capable of being transferred or transmitted to another Member. No Member shall, or purport to, assign the rights comprising or associated with membership to any other person and any attempt to do so shall be void.

8. LIFE MEMBERSHIP.

A member who shall have reached a standard of sustained excellence of the application and attendance at allotted duties in the Club for a period of not less than ten (10) years may be elected as a Life Member at any Annual General Meeting or Special General Meeting by acclamation of support, or other method determined by the meeting, from at least seventy-five percent (75%) of those present and voting, provided that;

a) not more than Three (3) Life Members may be elected in any club year.

b) all nomination/s for Life Membership shall be made on the recommendation of the Committee.

9. MEMBERSHIP SUBSCRIPTION.

9.1 The membership subscription of the Club is to be determined by the Management Committee prior to on-line membership opening for each ensuing Club Year.

9.2 Subject to the constitution of the Club, each subscription is payable;

a) on the first of October and not later than the thirty first of October in the Club Year concerned, or

b) within three (3) weeks after participation in the activities of the Club, whichever date is the later.

10. CLUB OFFICERS.

10.1 Subject to the provision of the constitution the officers of The Club shall be as follows;

(i) President

(ii) Vice President

(iii) Secretary

(iv) Treasurer