CONSTITUTION OF THE WEST AUSTRALIAN WORKING SHEEP DOG ASSOCIATION INC.
1. The name of the Association is the WEST AUSTRALIAN WORKING SHEEP DOG ASSOCIATION (hereinafter called the Association)
2. The objects of the Association are
(a) To encourage amongst sheep breeders and general public a wider interest in the working sheep dog and his work.
(b) To improve the standard of working sheep dogs
(c) To promote, encourage and assist all working sheep dog trials
(d) To establish and maintain a sheep dog register.
(e) To further encourage the interests of sheep men and their working sheep dogs.
(f) To enter into any arrangement for joint working or co-operation with any society or body of persons, whether incorporated or not, carrying on work or having objects similar to the work and objects of the Association, especially of all kindred organizations in States and Territories of the Commonwealth and to assist and support, by pecuniary contributions or otherwise, the operations of any such society or body, and to take over upon such terms as deemed appropriate for the good of the Association all or any of the property, undertaking and liabilities of any such society or body.
(g) To produce and publish and to distribute gratuitously or otherwise such books, newspapers, pamphlets, periodicals and other literature calculated to promote the objects of the Association.
(h) To grant and pay such salaries, gratuities or other sums in recognition of service to any person or Association as may from time to time be approved by the Committee in accordance with the terms of Clause 20 hereof.
3. (a) To purchase, take on, lease, exchange, hire or acquire and maintain any real or personal property or any rights or privilege.
(b) To erect, add to, improve, repair, pull down and rebuild buildings and other structures which are acquired by or invested in the Association.
(c) To sell, exchange, lease, mortgage, hire, dispose of or turn to account or otherwise deal with all or any part of the real or personal property of the Association.
(d) To borrow or raise or secure the payment of money in such manner as the Association thinks fit with power to issue debentures, grant of mortgage, charges or other security upon or charge all or any of the property real or personal both present and future of the Association and to redeem or pay off any existing or future security.
(e) To invest and deal with moneys for the Association not immediately required
for the purpose of the Association in such manner as may from time to time be determined.
(f) To receive and accept donations, subscriptions and endowments consisting of money or of any form of property.
(g) To do all such other things as are incidental or conducive to the attainment of its objectives.
4. In the interpretation of these presents unless there be something in the subject matter inconsistent therewith:
"A member of any club" for voting purposes shall be a working member for which his club has paid a capitation fee to the Association for the current financial year. It will also include a life member not withstanding his club has not paid the necessary capitation fee to the Association.
"Club “means any club affiliated with the Association. Words importing the singular number include the plural number and words importing the plural number include the singular. Words importing the masculine gender include the feminine gender.
5. The Association shall consist of Working Sheep Dog Clubs and Associate Members provided that any club forming part of the Association must consist of at least three (3) members, who are actively participating within the objects of the Association.
(a)Any club wishing to join the Association shall with its application forward to the Secretary a list of members and copy of its Constitution, rules or other relevant objectives.
(b)That each affiliated club shall at the start of each financial year of the Association submit a list of full Financial Members at the end of the previous financial year.
(c)Annual subscriptions shall be due and payable on the first day of January in each year.
(d) A capitation fee for each full club member shall be fixed annually by the Committee and be paid by each affiliated club to the Association.
(e) The Association may grant honorary life membership to any members of any club comprising the association who have rendered outstanding or special service and this shall entitle him to all privileges of the Association. Nominations for life membership should be signed by two current financial members and forwarded to the Secretary at least two months before the date of the A.G.M. The secretary will conduct a secret ballot at the A.G.M. Successful candidates will need approval of seventy percent of the returned ballot votes.
(f) Any capitated member of a club is ipso facto a member of the Association for voting purposes at any General Meeting and is entitled to vote. An Associate member is not entitled to vote at any Association meeting but is entitled to all privileges of the Association subject to phara (i).
(g) Any club which is not financial by the first day of March in each year shall
automatically cease to be affiliated with the Association and its members
cease to be members of the Association.
(h) The Association may grant Associate membership on the payment of the prescribed fee to the Secretary to any person who makes application.
(i)). Any Member other than an encourage worker, or interstate visitor who is a financial member of a recognized State Association affiliated with the Australian Sheep Dog Workers Inc, working a dog in an official trial will be a fully Capitated Member of the W.A.W.S.D.A.
6. Any club, Agriculture Society or any other bona fide body established for the purpose of inter alia conducting sheep dog trials may apply for affiliation with the Association.
(a) Such applications shall be made to the Secretary/Treasurer and the Committee may grant or withhold affiliation.
(b) The Committee may at its discretion cancel or suspend the affiliation of any affiliated body.
(c) Affiliated clubs shall hold their trials only in accordance with the trial rules of the Association and all affiliated clubs shall observe and be bound by the decisions, directions, rules and constitutions of the Association unless prior approval has been given by the Association.
7. The Office Bearers of the Association shall comprise:
(a) A Patron and such Vice Patrons as shall from time to time be elected.
(b) A President.
(c) A Vice President.
(d) The President and Vice President retire annually but shall be eligible for re-election provided that no person shall be eligible to hold office of President for more than three years in succession.
(e) Committee persons comprising of two members nominated by each club. The Secretary and/or Registrar shall not be entitled to vote at committee meetings unless they are one (or both) of their clubs nominated delegates.
(f) Secretary /Treasurer.
ELECTION OF PRESIDENT, SECRETARY/TREASURER AND REGISTRAR.
8. Nomination of each candidate as an office bearer namely as President, Secretary /Treasurer or Registrar shall be proposed and seconded respectively by two members of any club at the A. G. M. Contested offices shall be subject to secret ballot at the A.G.M. of the members of the clubs present and voting thereon.
No person shall be eligible for election unless he is a financial member of the Association.
The election of the President, Secretary/Treasurer and Registrar shall be by a vote of the club members present and voting thereon held at the Annual General Meeting. No vote shall be required when only one candidate is nominated for each office and they shall be declared duly elected.
(a) Where there is a change of office bearers this will take effect as from the start of the financial year.
9. There shall be a committee consisting of two representatives nominated by each affiliated club as well as the President, Secretary/Treasurer and Registrar of the Association. Where a club is represented by two members as well as the Secretary/Treasurer and Registrar these office bearers have no voting rights. The Vice President shall be elected from and by the committee.
(a) The Committee shall hold office for one (1) year but those retiring shall be eligible for re-election or re-appointment.
(b) Notwithstanding anything herein contained a Committee member shall ipso
facto ceases to hold office if he:
(i) in the opinion of the Committee becomes unfit to hold office.
(ii) resigns his office;
(iii) absents himself for three (3) or more consecutive meetings of the Committee without leave of absence from the committee;
(c) Questions arising at any Meeting of the Association or Committee shall be decided by a majority of votes of those present at such meeting. In the case of equality of votes, the president shall have a casting vote only.
(d) In the case of the Vice President or other members of the Committee taking the Chair, he shall have two votes, his own as a club delegate and a casting vote.
(e) The business and affairs of the Association shall be under the management and control of the Committee. The Committee shall have power to make,amend or revoke such by -laws register rules and trial rules as the deem necessary for effectively carrying out the objects of the Association.
(F) The Committee shall hold periodic meetings for the dispatch of business and meet generally and otherwise regulate its meetings as it sees fit.
(G) The quorum of all Committee meetings shall be at least 50% of the Committee.
(H) Aside from the office bearers nominated in Section 7 (f) who are respective affiliated clubs’ responsibilities, should any vacancy occur in the office bearers during their term of office such vacancy may be filled by the Committee and the substitute office bearers so elected shall hold office for the unexpired period of his predecessors’ term of office.
10. The Annual General Meetings shall be held during the Western Australian State Trials or at such other time as may be determined by the Committee,
(a) The business of the Annual General Meeting shall be to receive and consider the Annual report of the President, the Financial Statements, to appoint an auditor and Secretary and Office Bearers and such general business as it is competent for the Annual General Meeting to deal with.
(b) Twenty-one (21) days’ notice of every General Meeting setting forth the purpose for which it is convened and time and place at which it is held shall be forwarded to office bearers and financial members of affiliated clubs.
(c) The President or in the absence of the President, the Vice President shall `take the Chair at every meeting. If neither the President nor the Vice President are present within fifteen (15) minutes after the time appointed for such meeting the members present shall choose one of their number to take the Chair.
(d) Every question submitted to a meeting shall be decided by a show of hands or secret ballot and every club working member for which club has paid a capitation fee for the current financial year personally present shall have one (1) vote. Provided that in case of an even vote, the Chairman shall have a casting vote. (e) The President of the Meeting with the consent of the Meeting may adjourn it from time to time and from place to place and it shall not be necessary to send any notice of any adjourned meeting to any member.
(f) The Secretary /Treasurer shall convene a Special general Meeting upon request made to him by the President or any office Bearer.
(g) At all general meeting ten (10) members personally present shall form a quorum.
11. In the event of a ballot being necessary to decide any questions at any meeting, a Returning Officer and a Scrutineer shall be appointed to conduct the ballot. A candidate for an office for which the ballot is taken shall not be appointed the Returning Officer or Scrutineer. In the case of equality of votes, the Returning Officer shall have a casting vote.
DUTIES OF SECRETARY / TREASURER.
12. (a) The Secretary/Treasurer shall keep or cause to be kept all books of accounts of the Association and attend Meetings and keep or cause to be kept a true record of all the proceedings thereof and he shall generally perform or cause to be performed all the duties associated with such a position.
(b) He shall receive all monies on behalf of the Association and shall issue or cause to be issued receipts for same and shall deposit or cause to be deposited in a bank decided by the Committee all monies received on behalf of the Association. He shall be responsible for paying all accounts incurred by the Association.
(c) He shall keep a Register of all Association Members and their addresses as well as those of the Office Bearers mentioned in Section 7 of the Constitution
DUTIES OF REGISTRAR
13. The Registrar shall receive all applications for Registration of dogs within the Association and shall keep and maintain the register of stud names and the Dog Register in accordance with these rules and regulations from time to time laid down by the Committee.
TRUSTEE AND SEALHOLDER
14. The President, Vice President and Secretary/Treasurer shall be the Trustees of the Club and the Association and the persons authorized to use the Common Seal such Trustees shall retain office whilst they are President , Vice President or Secretary/ Treasurer respectively of the Association The Common Seal containing the name of the Association shall be affixed to any instrument by the Association and such Common Seal shall be affixed in the presence of any two of such Trustees. The Trustees shall be authorized to exercise the powers conferred upon them by the Associations Incorporation Act and all such rights, powers and authorities as may from time to time be conferred upon them by the Association.
The Common Seal shall be kept in the care of the Secretary/Treasurer. The
property of the Association shall, subject to the directions of the Committee of the Association, be invested in the Trustees of the Associations of the time being.
RIGHT OF APPEAL
15. Any person affected by any decision of an affiliated club may appeal to the Committee of the Association and shall do so by giving notice of appeal in writing to the Secretary/Treasurer within twenty one (21) days of the decision stating the grounds of the appeal and enclosing a deposit of fifty dollars ($50.00).Upon receipt of such notice of appeal the Secretary/Treasurer shall notify the body concerned who shall forthwith send to the Secretary/Treasurer of the Association all particulars concerning the matter in dispute.
(a) The Committee shall hear every such appeal made to it as soon as possible and may in its discretion allow further evidence to be adduced, and may remit the matter for re-hearing by the body concerned or uphold or dismiss the appeal or impose a greater or lesser penalty and make such order as to the disposal of the deposit as it thinks fit.
(b) The decision of the Committee shall be final and binding on all parties concerned and shall be given effect to by all bodies affiliated with the Association.
16 The Associations financial year shall commence on the first day of January in each year and end on the thirty -first day of December in each year to which day the accounts of the Association shall be balanced.
17. Any notice sent by post shall be deemed to Have been serviced on the seventh day following that on which it was posted. Where a number of days’ notice is required to be given the day of service shall, unless otherwise provided, be counted in such number of days.
18 WAWSDA CODE OF CONDUCT / DISQUALIFICATION OF A MEMBER
1. A member shall not inflict verbal or physical abuse on any person.
2. A member shall not inflict pain nor cause willful distress to any animal.
3. A member shall not engage in actions of dialogue which result in sexual harassment or discrimination.
4. A member shall not engage in un-sportsmanlike conduct.
5. A member must always present themselves for competition and or official business in a state of sobriety.
6. $50.00 deposit to be put in with a written complaint to the hosting office or WAWSDA. If the complaint is upheld the $50.oo will be refunded.
Committee shall by notice in writing sent by registered post, addressed to such member at his address, require such member to attend a meeting of the Committee to be held not less than twenty-one (21) days after the posting of such notice and calling upon him to give to the committee an explanation of the alleged act or conduct.
The Committee may then if not satisfied with the explanation so given concerning such action the member may be dealt with by way of reprimand, fine or disqualification from participating in any of the affairs of the Association for any term or expulsion from the Association as the Committee may determine.
ALTERATION TO CONSTITUTION
19. No new rule alteration, addition or amendment to this Constitution shall be passed or made unless carried by a 75% majority of those members present and entitled to vote at an Annual General or Special General Meeting for that purpose and in accordance with the procedure set out in Sections 17, 18 and 19 of the Act, nor unless a copy of the proposed addition alteration or amendment shall have been supplied by the Secretary /Treasurer to every member residing in the State at least twenty one days (21) prior to the date of the meeting called for that purpose.
INCOME AND PROPERTY
20. The income and property of the Association shall be applied solely to the promotion of its objects and no part thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise than by way of remuneration provided in good faith to officers and servants of the Association or to other persons in return for services rendered to the Association.
21. (a)The Association may be dissolved or wound up at any time if a resolution to that effect be carried by the affirmative vote, not less than seventy-five per cent (75%) of the members of the Association on a poll taken in such manner as the committee shall arrange to determine whether or not the association shall be wound up.
(b) If upon dissolution or winding up of the Association there shall remain any property of the Association after satisfaction of all its debts and liabilities and costs charges and expenses of that dissolution or winding up, that property shall not be paid or distributed amongst the members of the Association but shall be distributed to another Association incorporated under the Act or for charitable purposes, which incorporated Association or charitable purposes as the case may require, shall be determined by resolution of the members when authorizing and directing the Committee under section 33(3) of the Act to prepare a distribution plan for the distribution of the surplus property of the Association.
Date of Commencement
22.These rules shall be deemed to come into force and have effect as from the
28th Day of November1995.
These orders shall be applicable to all W.A.W.S.D.A. general and committee meetings.
For all meetings the following order of business shall be strictly adhered to: -
1. Order of Business.
1. Confirmation of previous minutes.
2. Business arising from the minutes.
6. Discussion on notices of motion received.
7. General Business.
8. Notices of Motion.
9. Date, place and time of next meeting.
A. Any member giving a notice of motion shall read it aloud and hand to the secretary a signed copy, with the date he proposes to move the motion.
B. Notice of motion shall only be required for the purpose of rescinding or altering rules, or a previous resolution of the Association.
C. All motions must be seconded.
D. A motion may be deferred to a stated time. It may be withdrawn or amended. It may lie on the table.
E. Any motion or amendment not seconded shall not be debated.
F. A member shall have the right to speak only once on any motion (with the exception of the mover who has the right of reply), unless given the express permission by the meeting to speak again.
G. No member shall speak on any motion after it has been put by the chair.
H. Debates on motions should not exceed thirty minutes, and speeches should not exceed five minutes except by permission of the meeting.
I. During debate on a motion any member may move that ' The Motion now be put ', or speak on a point of order.
A. One amendment only shall be considered at a time.
B. One person shall move only one amendment, and may speak only once, and shall have no right of reply on that amendment.
C. An amendment must be relevant to the main motion. It cannot be a simple negation of the main motion.
A. It is the duty of the Chairman to preserve order so that the business of the meeting may be heard with due form and propriety. He shall have the right of debate on any question under discussion but must first leave the chair and not resume it until the question has been resolved.
B. It is the duty of the Chairman to call to order any speaker who violates any rule of debate. When more than one member speaks at the same time the Chairman shall decide in what order they shall be heard.
C. The Chairman may direct a member indulging in irrelevance or tedious repetition to discontinue his speech.
D. Any member may raise a point of order against a speaker during debate, and the speaker must cease speaking and the Chairman without further discussion shall give his ruling.
E. In the case of disorder, the Chairman shall have the power to adjourn the meeting to a time he shall fix, and his leaving the chair terminates the business.
5. These Standing Orders may be suspended by a majority of those present.