Membership, entry fees and subscription
(1) A person who applies and is approved for membership as provided in these Rules is eligible to be a member of the Association on payment of the entrance fee and annual subscription payable under these Rules.
(2) A person who is not a member of the Association at the time of the incorporation of the Association (or who was a member at that time but has ceased to be a member) must not be admitted to membership unless –
(a) he or she applies for membership in accordance with sub-rule (3); and
(b) the admission as a member is approved by the committee.
(3) An application of a person for membership of the Association must –
(a) be made in writing in the form set out in Appendix 1; and
(b) be lodged with the Secretary of the Association.
(4) As soon as practicable after the receipt of an application, the Secretary must refer the application to the committee.
(5) The committee must determine whether to approve or reject the application.
(6) If the committee approves an application for membership, the Secretary must, as soon as practicable –
(a) notify the applicant in writing, which includes by email, of the approval for membership; and
(b) request payment within 28 days after receipt of the notification of the sum payable under these Rules as the entrance fee and their first year’s annual subscription.
(7) The Secretary must, within 28 days after receipt of the amounts referred to in sub-rule (6), enter the applicant’s name in the register of members.
(8) An applicant for membership becomes a member and is entitled to exercise the rights of membership when his or her name is entered in the register of members.
(9) If the committee rejects an application, the committee must, as soon as practicable, notify the applicant in writing, which includes by email, that the application has been rejected.
(10) A right, privilege, or obligation of a person by reason of membership of the Association –
(a) is not capable of being transferred or transmitted to another person; and
(b) terminates upon the cessation of membership whether by death or resignation or otherwise.
(11) The entrance fee is the amount determined from time to time by the committee.
(12) The annual subscription is the amount determined from time to time by the committee.
(13) (a) The Association’s membership year runs from 1 January to 31 December of each year;
(b) any member who joins during a membership year is deemed to be a member for that membership year;
(c) each member’s membership terminates at the end of the membership year, unless the committee otherwise determines or is otherwise provided by these Rules;
(d) subject to rule (15), any member whose membership has ceased through the operation of this sub-rule, must reapply for membership as a new member.
(14) A member may renew their membership for the following membership year by paying the annual subscription for the following membership year before the end of the current membership year. Provided that the member is in good standing, their renewal does not require the approval of the committee.
(15) A member of the committee whose membership terminates on 31 December because of the operation of sub-rule (13) –
(a) is deemed to be a member for the following year on 1 January as if they had renewed their membership (subject to the limitation in sub-rule (15)(b));
(b) this member must pay the applicable annual subscription for the new year by 31 March of that year, otherwise their deemed membership terminates on 31 March;
(c) any member whose membership has ceased through the operation of this sub-rule, must reapply for membership as a new member.
6. Register of members
(1) The Secretary must keep and maintain a register of members containing –
(a) the name and address of each member;
(b) the date on which each member’s name was entered in the register; and
(c) the date (if applicable) on which the member ceased to be a member.
(2) The register is available for inspection free of charge by any member upon request.
(3) A member may make a copy of entries in the register.
7. Ceasing membership
(1) A member of the Association who has paid all moneys due and payable by a member to the Association may resign from the Association by giving one month’s notice in writing to the Secretary of his or her intention to resign.
(2) After the expiry of the period referred to in sub-rule (1) –
(a) the member ceases to be a member; and
(b) the Secretary must record in the register of members the date on which the member ceased to be a member.
8. Discipline, suspension and expulsion of members
(1) Subject to these Rules, if the committee is of the opinion that a member has refused or neglected to comply with these Rules, or has been guilty of conduct unbecoming a member or prejudicial to the interests of the Association, the committee may by resolution –
(a) fine that member an amount not exceeding $500; or
(b) suspend that member from membership of the Association for a specified period; or
(c) expel that member from the Association.
(2) A resolution of the committee under sub-rule (1) does not take effect unless –
(a) at a meeting held in accordance with sub-rule (3), the committee confirms the resolution; and
(b) if the member exercises a right of appeal to the Association under this rule, the Association confirms the resolution in accordance with the rule.
(3) A meeting of the committee to confirm or revoke a resolution passed under sub-rule (1) must be held not earlier than 14 days, and not later than 28 days, after notice has been given to the member in accordance with sub-rule (4).
(4) For the purposes of giving notice in accordance with sub-rule (3), the Secretary must, as soon as practicable, cause to be given to the member a written notice –
(a) setting out the resolution of the committee and the grounds on which it is based; and
(b) stating that the member or his or her representative, may address the committee at a meeting to be held not earlier than 14 days and not later than 28 days after the notice has been given to that member; and
(c) stating the date, place and time of that meeting; and
(d) informing the member that he or she may do one or both of the following:
(i) attend that meeting;
(ii) give to the committee before the date of that meeting a written statement seeking the revocation of the resolution;
(e) informing the member that, if at that meeting, the committee confirms the resolution, he or she may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the Association in general meeting against the resolution.
(5) At a meeting of the committee to confirm or revoke a resolution passed under sub-rule (1), the committee must –
(a) give the member, or his or her representative, an opportunity to be heard; and
(b) give due consideration to any written statement submitted by the member; and
(c) determine by resolution whether to confirm or to revoke the resolution.
(6) If at the meeting of the committee, the committee confirms the resolution, the member may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the Association in general meeting against the resolution;.
(7) If the Secretary receives a notice under sub-rule (8), he or she must notify the committee and the committee must convene a general meeting of the Association to be held within 21 days after the date on which the Secretary received the notice.
(8) At a general meeting of the Association convened under sub-rule (7) –
(a) no business other than the question of the appeal may be conducted; and
(b) the committee may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution; and
(c) the member, or his or her representative, must be given an opportunity to be heard; and
(d) the members present must vote by secret ballot on the question whether the resolution should be confirmed or revoked.
(9) A resolution is confirmed if, at the general meeting, not less than two-thirds of the members vote in person, or by proxy, in favour of the resolution. In any other case, the resolution is revoked.
9. Disputes and mediation
(1) The grievance procedure set out in this rule applies to disputes under these Rules between –
(a) a member and another member; or
(b) a member and the Association.
(2) The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all the parties.
(3) If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days, hold a meeting in the presence of a mediator.
(4) The mediator must be –
(a) a person chosen by agreement between the parties; or
(b) in the absence of agreement –
(i) in the case of a dispute between a member and another member, a person appointed by the committee of the Association; or
(ii) in the case of a dispute between a member and the Association, a person who is a mediator appointed or employed by the Dispute Settlement Centre of Victoria (Department of Justice)..
(5) A member of the Association can be a mediator.
(6) The mediator cannot be a member who is a party to the dispute.
(7) The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
(8) The mediator, in conducting the mediation, must –
(a) give the parties to the mediation process every opportunity to be heard; and
(b) allow due consideration by all parties of any written statement submitted by any party; and
(c) ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.
(9) The mediator must not determine the dispute.
(10) If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.
Appendix 1
Melbourne Ice Incorporated
ABN 50 701 676 465
Registration Number A0042097H
APPLICATION FOR SEASON PASS / MEMBERSHIP
Personal Details
Name: …………………………………………………………………
Address: …………………………………………………………………
…………………………………………………………………………………….
Telephone:
(H) …………………………………………………………
(W) …………………………………………………………
(M) …………………………………………………………
Email: …………………………………………………………………
Date of Birth: …………………………………………………………………
I am applying for:
A season pass and membership of the association – $ xxx (includes voting rights)
or
A season pass only – $ xxx (no voting rights)
