| FAQ |
Response |
| Can you hold an AGM if the audited financials are not finalised? |
You cannot hold an AGM without audited financials. The main purpose of an AGM is to adopt the audited financials as well as voting in the committee. If you are aware that this is happening then you need to advertise an AGM that is in two parts.
i.e. Part one : All other business excluding the adoption of financials
Part Two : adoption of financials |
| Are clubs allowed to change their financial years set by SLSA / SLSQ? |
Clubs can determine their own financial year. Contact SLSQ Ethical Standards for the correct process. |
| Are Life Members required to complete the application renewal process or can clubs just roll over life memberships? |
- Life Members are required to complete the membership renewal process each season to remain as an active financial member.
- All applications for membership shall be made on the approved Association Form and all members shall be bound by this Constitution, the By-Laws, the Appendices Resolutions, Club Policies and the Manuals of the Association and the Constitution and regulations of the Association, and a prescribed fee for each category of membership shall be such sum, payable at such time and in such manner as the Club Council shall from time to time at any General Meeting so determine. Members must renew their membership annually.
- The membership category of Life Member is not exempt from the requirements of the organisation. If a club chooses (as most do) not to charge a fee, this does not negate the need for the form.
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| Should information on Social media and CCTV camera sit in club By-laws? |
Information on Social media and CCTV cameras should be in the form of a Policy, not in the by-law rules.
Please note : that the use of CCTV is underpinned by legislation and there are set provisions that are required when you implement CCTV e.g. notification to members etc
Camera surveillance, video, and audio recording – a community guide – Office of the Information Commissioner Queensland |
| What is a quorum defined as for an AGM? |
Most club constitutions/by-laws should have a definition of a quorum (usually management committee + 1) – if the rules are silent the Act prevails.
Please refer to s57a of the Incorporated Associations Act 1981 |
| Can a club or branch amend the composition of Boards |
Adding an additional director position or removing a director position to the Board is a constitutional change – you must follow the rules of the current constitution to enact this change – this would mean following the requirement of
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| Can a motion can be moved in general business from the floor |
To ensure all business that is transacted is lodged which allows for research/information gathering and ensuring that relevant information can be provided to members to be able to make informed decisions –
A motion must:
- be in writing within the timeframes outlined in constitution/By-laws
- include any necessary quotes and other documents
- be clear
- be enforceable
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| What are the rules for transferring members? |
- All items relevant to a member (substantiated) should be listed in surfguard as part of their membership history.
- Clubs (regardless of transfers) should keep their information up to date for both their purposes and that of any gaining club.
- A reminder that only items that can be discussed are matters of substantiation not hearsay or opinion.
- It should also be taken into account that once a member has served a penalty (e.g. suspension) that all rights are returned to them and there should be no impediment to them.
- Clubs have the right to deny membership (as outlined in their rules).
Note: if a loosing club does endorse the transfer this does not mean that the winning club accepts it automatically.
For further information on Member Transfers refer to Administration Manual 7.3.2. Transfers
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| Who can see the Financials of a Surf Club? |
The financials of the Club can be seen by the members.
Please refer to s59c of the Incorporations Associations Act 1981 |
| If a club member is elected/appointed as a voting member of the Supporters Club Committee and is also an elected/appointed member of the Surf Club Board of Management, if by chance the Supporters Club Committee does something wrong (ie: Trade while insolvent) where the Committee Members can be held personally financial liable, could the Board of Management of the Surf Club be held responsible debt or fine because a member sits on both Managing Committees? |
- The Clubs are separate legal entities and the Surf Club cannot be held liable for the debts of the Supporters Club regardless of the overlap of the office bearers. The clubs have specific rules, objects and powers.
- The act of being incorporated provides protection to the entity and its office bearers. Unless there is criminality involved or deliberate decision-making counter to what is legal/appropriate – our Officers, Directors, Members and the Club are protected.
- If the Supporters Club was to trade whilst insolvent, in breach of the Act, it would be the members of the Supporters Club Committee that would be responsible for this. However, there are defences to this also. Please see the excerpt from The Act
- If there was a situation where by the Supporters Club was to be wound up – it is required to gift any surplus assets to the Surf Club.
- The fact that a member holds a position on both committees is irrelevant. They have specific duties to both entities.
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| Meeting Attendance and Voting using Technology |
- The choice to use technology has to be a decision of the Management / Board and should be minuted
- If you decide to use technology you have to consider it in the context of the rules i.e. secret ballot voting and interactions. Once you allow someone to attend a meeting online then they are taken as being present at that meeting and that means that if they are a voting member they have the right to debate and vote.
- You will need to have rules in place for everyone
- Hands up if you want to speak (on and off line)
- Secret Ballot allowance
- The persons on line have the right to vote if you choose to use technology and they have the right for that to be secret so you need to have options (noting that not even the scrutineers are permitted to see how they vote)
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| Recording of other voluntary services |
- Defintion of Patrol Hours : if there is no definitive definition of Patrol Hours in any of your documents, you should consider accepted custom/business practice over many decades – SLS has always considered/defined patrol hours as they hours done on the rostered patrol as per the Patrol Service Contract.
- Water safety Hours : definition is in SLSA Water Safety Procedure
- Water safety: The use of human resources and rescue equipment in an aquatic environment to provide a level of supervision to activity participants.
- Activity Participant: An activity participant may be a member of the public or a Surf Life Saving (SLS) member
The procedure relates to and notes activities ‘the following procedure is for the provision of water safety for SLS Junior activities; member training (lifesaving and sport) conducted by Surf Life Saving and SLS sanctioned/special events.
The procedure relates to and notes activities ‘the following procedure is for the provision of water safety for SLS Junior activities; member training (lifesaving and sport) conducted by Surf Life Saving and SLS sanctioned/special events.
- Recording of Hours As above the definition of the roles are different and should be allocated in surfguard as (a) patrols of hours undertaken as a result of the rosters/requirements pursuant to the Patrol Service Contract
Water Safety Hours are as a result of what is named above (basically aquatic activities external to patrols)
- Club Obligations
- must record all hours undertaken in ether role in Patrol Log/LIMSOC
- should be recorded in surfguard against the members name in the appropriate classification
- Classification for Competition
Under the policy 5.04 the Club can consider Other Service Hours in the calculation for patrol hours for competition but this does not necessarily translate to non competition. You don’t have to exercise the provision of that policy to normal persons i.e. non competitors
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