Club Election Regulations

noflac52 · 08-08-2015, 04:50 PM

Hi Guys, I'm looking for legal documents / state acts etc that would cover car club committee elections in NSW. Something that points out the legal requirements of the election to ensure that the club is not in breach of any laws etc and that the committee is in fact legally elected.

If anyone one can give me some links or point me in the right direction it would be much appreciated.

Olbucko · 08-08-2015, 05:15 PM

The club makes it's own rules and must be approved by the members, they then must be approved by Fair Trading. I think Fair Trading would be the best people to approach. That would have to be done by the clubs Public Officer.

The club I belong to is having the same problem, after 25 years of peaceful cooperation.

xtremerus · 10-08-2015, 04:27 PM

Quote:

Originally Posted by noflac52

Hi Guys, I'm looking for legal documents / state acts etc that would cover car club committee elections in NSW. Something that points out the legal requirements of the election to ensure that the club is not in breach of any laws etc and that the committee is in fact legally elected.

If anyone one can give me some links or point me in the right direction it would be much appreciated.

First off you MUST read THAT club Constitution.
Then go from there.

snowcone · 10-08-2015, 04:27 PM

NSW Clubs are supposed to register their rules and constitutions with a government department but I can't recall if it is Fair Trading or somewhere else.

39ClevoUte · 10-08-2015, 05:35 PM

http://www.fairtrading.nsw.gov.au/ft...sociation.page

noflac52 · 10-08-2015, 06:49 PM

I am aware of all of the above suggestions but I am looking for the correct procedure for election process. I have information that it must follow parliamentary procedure and I am looking for links to where I might find documents that itemise what this is.

39ClevoUte · 10-08-2015, 08:43 PM

http://www.fairtrading.nsw.gov.au/ft...embership.page?

http://www.fairtrading.nsw.gov.au/bi...nstitution.rtf

Probably what you want is in the second one.

xtremerus · 11-08-2015, 06:30 PM

Quote:

Originally Posted by noflac52

I am aware of all of the above suggestions but I am looking for the correct procedure for election process. I have information that it must follow parliamentary procedure and I am looking for links to where I might find documents that itemise what this is.

That procedure for the election process must be in that clubs constitution, if it is incorporated. It must follow its constitution process, not some perceived parliament process.
It could have voting by just a show of hands, or a ballet vote. What ever.
But it will be in THAT clubs constitution.
That is why I said to look there. Each club can have their own rules, so you can't look elsewhere for it.

noflac52 · 12-08-2015, 06:49 PM

So what you are saying is that there are no acts or documents in this country covering democratic process covering elections.

I find that a bit hard to fathom. So anyone can elect anyone using any method that they choose and its legal.

I understand that each club can have their own rules. I understand that each club has its own constitution and I have read a few different ones. I am familiar with the model constitution used by fair trading as a guide for associations that are incorporated and that fair trading refers to various acts covering the process.

You suggested that I go from there. That's exactly what I am doing.

All I was after were links to the relevant acts and I thought that someone on here may be familiar with them.

It's ok though no one seems to get what I am looking for so I'll just keep searching.

Thanks for the suggestions anyway.

39ClevoUte · 12-08-2015, 08:18 PM

If you want to be protected by the law you need to incorporate "Under the Associations Incorporation Act 2009" as per links I posted above.
If you dont want to go out on a limb, most clubs adopt the associated "Model constitution". Show in the last link I posted above.
Within this constitution you can vary or augment the rules, so long as you dont destroy it.
Read the constition and all the other info thats on the site and you will find all you require.

39ClevoUte · 12-08-2015, 08:21 PM

You may find some additional info in the co-operatives act. Which is on the same site.
I guess we are having trouble understanding the question! The model rules do it for most clubs, can you give example of problem.

xtremerus · 12-08-2015, 08:22 PM

Why keep searching??
The club constitution and Dept Fair Trading site is all you need.
And that is all you need.
The info that it must follow parliamentary procedure is wrong.

"So what you are saying is that there are no acts or documents in this country covering democratic process covering elections ".

For Clubs, Yes. See above.

noflac52 · 13-08-2015, 11:34 AM

Ok let me put it this way.

If an election is held and appears to be bogus due to anomalies how is it challenged (regardless whether it is a car club or not).

The correct process is what I would like to educate myself on and it needs to be a document rather than just suggestions for obvious reasons.

nuthin' fancy · 13-08-2015, 05:00 PM

Quote:

Originally Posted by noflac52

Ok let me put it this way.

If an election is held and appears to be bogus due to anomalies how is it challenged (regardless whether it is a car club or not).

The correct process is what I would like to educate myself on and it needs to be a document rather than just suggestions for obvious reasons.

I can't understand why you can't understand that the links provided answer your query.

The 'model constitution' starts "To assist associations develop their constitution, NSW Fair Trading has prepared this model constitution, which covers the matters required by law.

If you are concerned that this document does not adequately cover you, you need to seek professional advice from a legal adviser of some sort.

A club is properly formed when it is formed in accordance with the rules agreed to by the members, except where these rules breach the law.

If you are worried about being challenged later, too bad, anyone with a chip on their shoulder can issue the challenge. You just need to be familiar with the rules you have established so can ensure they are abided by.

xtremerus · 13-08-2015, 05:50 PM

Quote:

Originally Posted by noflac52

Ok let me put it this way.

If an election is held and appears to be bogus due to anomalies how is it challenged (regardless whether it is a car club or not).

The Club Constitution
The correct process is what I would like to educate myself on and it needs to be a document rather than just suggestions for obvious reasons.

The Club Constitution

You DO have a copy of the Club Constitution, I assume.

noflac52 · 13-08-2015, 05:57 PM

The reason that you can't understand is because none of the suggestions answer my query. If they did I wouldn't need to keep looking for the information!!

You are way off the mark mate how you read something like that into a simple request is beyond me! All the bush lawyers are coming out now and having a go without knowing the facts.

It was an easy question. I need documents to refer to and the ones that I have read so far don't give the answers I am after. Its as simple as that.

I'll say it again I am familiar with the fair trading documents and club constitutions!!!!!!

Thanks to 37clevo for the links it is appreciated.

And anyone else who can't provide more information I'd appreciate it if you didn't keep banging on about the ground that's already been covered.

Its easy, if you can't help don't post.

As for giving up, I don't think that advice from an anonymous person (extremerus) on a forum who can't provide any more info is a good enough reason to do so.

xtremerus · 13-08-2015, 06:12 PM

Be specific and give us the facts then.

nuthin' fancy · 13-08-2015, 06:24 PM

Quote:

Originally Posted by noflac52

The reason that you can't understand is because none of the suggestions answer my query. If they did I wouldn't need to keep looking for the information!!

You are way off the mark mate how you read something like that into a simple request is beyond me! All the bush lawyers are coming out now and having a go without knowing the facts.

It was an easy question. I need documents to refer to and the ones that I have read so far don't give the answers I am after. Its as simple as that.

I'll say it again I am familiar with the fair trading documents and club constitutions!!!!!!

Thanks to 37clevo for the links it is appreciated.

And anyone else who can't provide more information I'd appreciate it if you didn't keep banging on about the ground that's already been covered.

Its easy, if you can't help don't post.

As for giving up, I don't think that advice from an anonymous person (extremerus) on a forum who can't provide any more info is a good enough reason to do so.

OK, please express what you are not being told more clearly.

What is it about a document that is drafted to comply with the law that doesn't satisfy your questions?

Don't complain about bush lawyers, we all speak from our experiences here, no one is offering professional advice.

We're all only trying to help but if the responses here are not enough, go and pay some money to someone and stop wasting our time.

Can you find anything here?: http://www.austlii.edu.au/

noflac52 · 13-08-2015, 06:44 PM

No facts. Its private. Just looking for a bit of help here and now I'm sorry I asked.

I'm not wasting your time you came in at the end after I stated that I had already seen the documents mentioned and you gave your own scenario as to what I want them for. You didn't have to cover the same ground again. That was your choice!

The responses are so far not enough and you don't have to post again but telling me to go and pay someone because you aren't familiar with what I am after is very condescending.

The question is there for all forum members and there just might be one out there who will hit the nail on the head. I haven't asked the question to have an argument.

Just looking for more information on the subject.

xtremerus · 13-08-2015, 07:20 PM

**aussiblue** · 13-08-2015, 07:49 PM

See http://www.legislation.nsw.gov.au/ma...+7+2009+cd+0+N and http://www.legislation.nsw.gov.au/vi...02009%20No%207 if it is incorporated in NSW under the Associations Incorporation Act 2009 but it will really depend what, if anything, in the club's constitution in respect of the need for committee members to be elected and the process for doing so.

Out of interest I have been involved in the operations of a charity where the only members of the incorporated association were all Board members so there was no members external to the board to vote other members onto the Board; the only elections were related to the appointment of Chair, secretary, treasurer etc.. This isn't that unusual for small charities where you may have volunteers undertaking the actual activities but have little or no interest in managing the charity and are happy to leave it to small committee to look after the business end i.e. the committee/board arrange the funding, pay all the bill, put all the required insurances in place etc while the volunteers get on with the activities that they enjoy.

39ClevoUte · 13-08-2015, 08:56 PM

10. Resolution of disputes

(1) A dispute between a member and another member (in their capacity as members) of the association, or a dispute between a member or members and the association, are to be referred to a community justice centre for mediation under the Community Justice Centres Act 1983.
(2) If a dispute is not resolved by mediation within 3 months of the referral to a community justice centre, the dispute is to be referred to arbitration.
(3) The Commercial Arbitration Act 1984 applies to any such dispute referred to arbitration.

39ClevoUte · 13-08-2015, 08:59 PM

I would imagine if the club in question isn't incorporated or doesn't include the above clause, that could also be raised in itself. Maybe?

The Yeti · 14-08-2015, 06:32 AM

My concern is if you need to review the legal
Docs. Is the club a club you want to continue with?

The last club I was with that I had issues with the management groups actions and how it related to its constitution, I just left the club and moved on

Trevor 57 · 14-08-2015, 06:53 AM

Quote:

Originally Posted by noflac52

The reason that you can't understand is because none of the suggestions answer my query. If they did I wouldn't need to keep looking for the information!!

You are way off the mark mate how you read something like that into a simple request is beyond me! All the bush lawyers are coming out now and having a go without knowing the facts.

It was an easy question. I need documents to refer to and the ones that I have read so far don't give the answers I am after. Its as simple as that.

I'll say it again I am familiar with the fair trading documents and club constitutions!!!!!!

Thanks to 37clevo for the links it is appreciated.

And anyone else who can't provide more information I'd appreciate it if you didn't keep banging on about the ground that's already been covered.

Its easy, if you can't help don't post.

As for giving up, I don't think that advice from an anonymous person (extremerus) on a forum who can't provide any more info is a good enough reason to do so.

I think I can guess who is not getting it, you need to look in the mirror, I have been on numerous clubs committees (including a car club with about $16 million in assets) and what EVERYONE is telling you is correct, you just don't want to hear it

here it is again:
CLUBS CAN MAKE UP THEIR OWN RULES - THERE IS A MODEL CONSTITUTION THAT CLUBS USE TO ESTABLISH THEIR OWN CONSTITUTION, ONCE THEIR CONSTITUTION IS AGREED ON, THE CLUB PUTS IT TO THE VOTE OF THE MEMBERS THEN SUBMIT IT - simple really!!!!

nuthin' fancy · 14-08-2015, 09:03 AM

Quote:

Originally Posted by noflac52

No facts. Its private.

I want you to solve my problem but I am not prepared to tell you which problem I want solved.

Itis like asking for a quote from a builder and not telling him anything about the house you want built.

noflac52 · 14-08-2015, 02:13 PM

Thank you to those who offered unbiased help it is much appreciated.

To nuthin fancy; I don't want you or anybody else to solve my problem I asked only for links to documents that may contain the information that I need. I fully intend to deal with the situation myself and its nobody else's business what the details are. I am not prepared to bare the details of the subject to the world just so you can deem it worthy of an answer. You are not compelled to post here if it doesn't suit you.

Trevor 57; butt out your post adds nothing worthwhile to the thread. There is no need to bag me just because your knowledge doesn't extend to the area I wish to educate myself in!

Thanks Aussie blue, Thanks 37clevo, Thanks Yeti for your objective informative posts.

Thanks extremerus for post 3 and post 8.

I'm going looking in other places that are showing results as some people are getting a bit testy here!