1. Status of by-laws
1.1 Power to Make By-Laws
These By-Laws are made by the Branxton Greta Swimming Club Incorporated under Clause 36. They are binding on all Members. In the event of a conflict between these By-Laws and the Constitution, the Constitution will prevail.
1.2 Definitions and Interpretation
The definitions in the Constitution apply to these By-Laws. In addition, the following definitions apply:
“Clause” means a clause of the Constitution.
“Competitions” means and includes:
- any championship organised or conducted by the Club;
- any championship, competition, series or meeting sponsored by or conducted by or on behalf of the Club.
“Swimmer” means an Individual Member who competes at Club or higher level.
2. Fees due to the Club
- Fees payable in accordance with Clause 6 will be payable by all Members as defined in By-Law 2(b), provided that fees will not be payable in respect of a Life Member;
- The annual registration fees payable to the Club in respect of each Individual Member will consist of a SAL and SNSW component which includes registration and insurance cover and a Club administration fee as determined by the Board from time to time.
- All registration fees are due on the first day of October in each year.
- The Board may refund any fee which, in its opinion is warranted.
3. Disciplinary By-law
3.1 Safe Sport Framework
- Branxton Greta Swimming Club has adopted the Safe Sport Framework (Safe Sport Framework) in accordance with Clause 36.5 which:
- specifically commits to keeping children and young people safe in swimming;
- clarifies and raises the standards of behaviour for dealing with Children and Young People through a “Code of Conduct for dealing with Children and Young People”
- includes a General Code of Conduct;
- provides processes and procedures when safe sport concerns or incidents arise;
- requires rigorous recruitment and screening procedures, as well as reporting by all organisations in swimming; and
- provides guidance, advice, tips and tools to assist us to keep each other and our sport safe.
- The Board has adopted the Safe Sport Framework, as amended from time to time, as a By-Law which is binding on the Club and all Members.
- Clause 10.2 outlines the process for matters not being dealt with under the Safe Sport Framework.
4. Composition of the Board
The composition of the Board as required by Clause 14 consists of the following:
- Office Bearers, being;
President, Vice President(s), Secretary, Treasurer and Race Secretary
5. Election procedures for Board
- Where there is more than one nomination for any position, a ballot for that position shall be held. The positions of the office bearers shall be determined first.
- On the count of votes in respect of any position, the candidate(s) who has received the highest number of votes shall be declared elected to that position(s).
- In the case of an equality of votes for any position it shall be resolved by
- The result of the ballot shall be declared at the Annual General Meeting. The declaration of the poll by the chairperson shall include the following information:
- the number of Members eligible to vote;
- the number of votes received; and
- the number of votes declared valid.
- All ballot papers for the annual elections are to be destroyed after the declaration of the poll.
6. Board Member responsibilities
6.1 Board Members
Board members shall:
- guide any standing committees to which they may be assigned on all matters affecting the Constitution, By-Laws, Policies and rules or any previous decision of the General Meeting or the Board;
- act honestly, independently and with due diligence in all decision making;
- ensure that the resources of the Club are effectively and efficiently managed to fulfil the Objects;
- contribute to the development of the Clubs strategic and business plans;
- attend any assigned committees and act as the committee adviser in the formulation of committee work plans;
- present recommendations and reports to the Board.
The President shall:
- promote the image of the Club at all times and lead the pursuit of the Objects and carry out such duties as requested by a General Meeting and the Board;
- be responsible for the leadership and overall administration of the Club;
- represent the Club on external bodies as determined by the Board; and
- coordinate the Board activities and ensure that the Board properly undertakes its governance role.
6.3 Vice President
The Vice President shall assist the President in carrying out their duties and shall attend to such matters as the President may, from time to time, request.
- The Secretary of the Club must, as soon as practicable after being appointed as secretary, lodge notice with the Association secretary and SNSW of his address and contact details.
- The Secretary must ensure full and accurate minutes of all members in attendance, questions, matters, resolutions and other proceedings of each Board meeting and General Meeting are recorded.
The Treasurer of the Club must ensure:
- that all money due to the Club is collected and received and that all payments authorised by the Club are made;
- that correct books and accounts are kept showing the financial affairs of the Club, including full details of all receipts and expenditure connected with the activities of the Club; and
- as soon as practicable after the end of each financial year, a statement containing the following is prepared:
- the income and expenditure for the financial year just ended, and
- the Club’s assets and liabilities at the close of the year.
7.1 Appointment of Officers Generally
- The Board may appoint officers to fulfil the requirements of the club as appropriate.
- Applications shall be invited for the positions specified in By-Law 7.1(a) as determined by the Board.
- Applications for officer positions specified in By-Law 7.1(a) may include a précis submitted by the applicant of their background, experience and qualifications pertinent to the position.
- The Board may at any time terminate the appointment of any person appointed to an officer position and any such person may resign from such position by letter delivered to the Secretary.
8. Laws and rules governing Branxton Greta Swimming Club
The technical laws of FINA as set out in the handbook of FINA with regard to swimming shall (where practicable) be applicable and binding on all competitions held in the Club.
- A person who is not an Individual Member or Life Member shall not nominate for, nor hold office except the office of patron, vice patron and auditor.
- A person elected patron or vice patron who is not an Individual Member or Life Member, shall be deemed to be a Member whilst holding such office. The holding of office shall not entitle a person to compete in a meet unless such person is otherwise duly eligible to compete.
10. Forfeit of fees and prizes following disqualification
Where a Swimmer is disqualified or suspended in respect of an event, all fees paid and prizes won by such Swimmer shall be forfeited. The Board will have full power to confiscate any prize and redistribute or deal with the matter at its discretion.
Such persons as shall be invited annually by the Board to grant their patronage and subject to their concurrence, the Board will submit the names to the Annual General Meeting for endorsement.
- The Club shall recognise members at their discretion.
13. Colours & Badge
- The colours and badge of the Club shall be as determined at a General Meeting.
- The colours of the Club will be Red, Black and White.
- The badge of the Club shall be a redback spider. The badge shall not be made or worn without written permission of the Board.
14. Availability of amended pages
Where an addition to, amendment or rescission, wholly or in part, is made to the Constitution, By-Laws, Policies or rules, updated copies of the relevant pages shall be available on request to the Members within one calendar month of any such addition to, amendment or rescission of, whether wholly or in part or otherwise shall be posted on the Club’s website.
15. Championships and other swim meets
The Board shall determine the order of events and the duration of the Championships and such other swim meets as it determines from time to time, giving as much notice as possible to Members. The Board shall also determine annually the format for the conduct of the Championships Meet for the ensuing year. PROVIDED THAT, the format so determined shall be advertised at the time of calling entries for the Meet.
16. Championship conditions of entry
- The Board may approve qualifying times (if any) for entry to championship events and other conditions of entry as appropriate to the meet.
- All entrants in the Club Championship shall abide by and be subject to the By-Laws and the SNSW general rules, swimming rules, by-laws, policies, and published procedures as applicable.
17. Championship entry form, Age determination
- The Club Championship entry and age determination shall require:
- an entry for a Championship event shall be made at the direction of the Board either electronically or on the official Club form
- an entrant in an Age Championship shall be of the specific age at the date specified by the Board (generally the first day of the meet) and shall produce a certificate of registration of birth or other satisfactory evidence of date of birth signed by the parent or guardian of the entrant.
- Members are required to have participated in at least 50% of club nights to be eligible for participation at Championships.
- Families are required to volunteer a minimum of four (4) times throughout the season, if order for members of their family to be eligible to compete at Championships. Members who have not met this requirement will be not restricted for participating at Championships, but they will not be eligible for placing, points, awards etc.
Under special circumstances the Board may cancel or suspend all or any Championships as set out in By-Law 18.