Level 11, 575 Bourke Street, Melbourne, VIC, 3000
Phone: 61 3 8621 2888 Email: client.services@mckeanpark.com.au
Rotary Revised Rules & Constitution
Welcome to this new initiative of the McKean & Park Future Law Team.
It is an initiative designed to give greater legal protection to incorporated Rotary Clubs and avoid breaching the law established for the incorporation of associations.
It is also designed to protect and facilitate RI’s right to amend Rotary Club Constitutions (now forming part of the new Club Rules & Constitution).
The initiative not only provides full documentation incorporating what RI and the State Registry require (without discrepancies and conflicts) but also a protection system lasting until 1 September 2007 (which may be renewed) to make sure that an Incorporated Rotary Club’s documentation remains its protective shield and not its pathway to difficulties.
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Adopting Rules & Constitution (for Incorporated Rotary Clubs)
- Engagement Agreement and Instructions
- Steps to Adopting Rules & Constitution
- Notice of Meeting
- Minutes of Meeting
- Witnesses to Statutory Declarations
- Is the new “Australia wide” Rules & Constitution applicable under the laws of each of the Australian states and territories?
- Do the new “Australia wide” Rules & Constitution and the Bylaws under those Rules include the 2004 club bylaws recommended by RI?
- Previously all votes at a club meeting had to be “viva voce” is this still the case?
- You ask for any amendments that have been made to our Club’s Bylaws. Does this include the amendments made to the Bylaws by the Council on Legislation (CoL)?
- In the new Rules & Constitution (Article 9C Section 3) you have provided that the vice-president is to preside at meetings of the club and the board in the absence of the president. Shouldn’t that be the president-elect?
- You provide in Article 10A Section 2 that the annual dues are payable “semi-annually” on 1 July and 1 January. Our club prefers the fees to be charged and paid in full on 1 July?
- In Article 1A you define “financial year” as “a year”. Is this a mistake?
- You ask us to supply you with the current details of the locality of our club. When we came to look for these we found numerous references to former municipalities that no longer exist. What should we do?
- The meeting to adopt the Rules & Constitution is described as a “special meeting” but neither the Constitution nor the Bylaws at present (nor the Rules & Constitution) refer to a special meeting. Is this valid?
- In Instructing you what amendments have been made to our club Bylaws is it sufficient for us to send you a copy of the Bylaws and let you find out what the amendments are?
- How much does the new Rules & Constitution and the new Bylaws and their implementation and registration cost?
Yes. It has been written specifically for that purpose.
Yes. The 2004 Bylaws have been included as a replacement for the former recommended club bylaws.
No. Under the “Australia wide” Rules & Constitution the Board may decide in respect of a particular resolution that it should be decided by ballot instead.
No. The documents we have prepared for your Rotary Club include all amendments made by the CoL including its 2004 amendments. We only need to know from your Club those amendments that it has made on its own initiative.
No. RI has always allocated to the vice-president the same tasks that would be filled by a vice-president in any other organisation and filling in for the president in his/her absence is one of these. The president-elect (as we think RI sees this role) is the apprentice president who is learning the role from observing and at the same time is developing projects to be implemented in his/her year in office.
RI suggests half-yearly payments and we have followed that approach. We see no harm, however, in asking members for full payment on 1 July and the members may be happy to comply. Any member who does not comply is, however, entitled to pay by half-yearly payments as indicated. Article 9A Section 2 is a rule that the club can amend itself if it wishes to do so. If your club wishes to amend the Article it should contact us accordingly.
No. RI has already defined “year” in Rule 1 as “the 12-month period which begins on 1 July”. We have subsequently defined “financial year” as meaning “year” as defined in Article 1.
Simply send us the wording as contained in your existing Constitution and we will make the necessary adaptation.
Yes. The Constitution and the Rules refer to “general meetings”. A special general meeting is still a general meeting. By using the term “special general meeting” the difference is that the members have to be notified why the special general meeting is being called and consequently the notice of meeting contains the 2 motions that will be put at the special general meeting.
We can do this additional work if you request it but an additional charge will be made. Please phone Ross Blair for details 03 9670 8822.
Basically this depends on whether your club is part of a District Initiative or not. If it is part of a District Initiative, the cost is reduced by a little under 30% because the District can carry out some of the work. In order to obtain details as to the cost you need to contact us and we will advise you of the amount involved. In addition, if you want additional assistance this can be provided but will necessitate a small extra cost.