Members

Text in italics has been added for our purposes including content from our previous rules of incorporation. Plain text is from the Companies Office's Constitution Builder. The help text in boxes is usually that provided by the Constitution Builder to explain requirements. Items in bold are defined terms.

Minimum number of members (mandatory section)

The Act requires an incorporated society to always have a minimum of 10 members. A body corporate (such as another incorporated society or a registered company) is treated as equivalent to 3 individual members for the purposes of assessing the number of society members.

1. SCANZ must maintain at least the minimum number of members required by the Act. These are counted from subscribing members only.

Type of members

Many societies have different classes of membership (with different rights within the society, and different obligations to the society). The most common classes of membership are set out here. You can adapt this rule to suit your society's particular circumstances.

1. The classes of membership and the method by which members are admitted to different classes of membership are as follows:
   1. A subscribing member is an individual admitted to membership under this constitution and who has not ceased to be a member, or had their membership suspended, revoked or denied.
      1. A junior member is a subscribing member under the age of 18.
      2. Subscribing membership conveys the following privileges:
         1. eligibility to hold office in SCANZ, if not otherwise ineligible.
         2. the right to vote in polls, submit and vote upon motions at meetings of SCANZ, if aged 16 years or older.
         3. a subscription to the newsletter of the Kingdom of Lochac
         4. any other privileges designated by SCANZ or its branches available to subscribing members.
   2. An event member is an individual who is not a current subscribing member, but who has been granted temporary membership with limited privileges for a single event.
      1. Event membership is required by any individual who is not currently a subscribing member of SCANZ or an SCA affiliate, attending a SCANZ event.
      2. Event memberships will not be granted to individuals who have had membership denied by SCANZ or its affiliates.
      3. Event membership does not convey the privileges of a subscribing membership.

Becoming a member (mandatory section)

Consent and approval

Under the Act, a person (including a body corporate) must expressly consent to be a society member, and this requirement extends to Honorary and Life Members. Requiring that the consent be in writing helps to avoid situations where it's not clear or it's disputed whether a person has consented to be a member. This rule is intended to clarify how a person becomes a member and enables a society's committee to obtain essential information about prospective members. It also makes it clear that a committee is not obliged to admit an applicant as a society member. It is good practice (to avoid disputes) to retain every signed written consent to become a society member in a society's membership records.

1. Every applicant for membership must consent in writing or equivalent electronic record to becoming a member.
2. The consent of every member to become a SCANZ member must be retained in SCANZ's membership records.
3. The committee may accept or decline an application for membership at its sole discretion. The committee must advise the applicant of its decision.
4. Memberships are not transferable.

Becoming a subscribing member

1. An applicant for subscribing membership must complete the application form supplying any information as may be reasonably required by the committee regarding an application for membership, and signing this completed form or an equivalent electronic action, will become a subscribing member on acceptance of that application by the committee, and payment of at least 1 year's membership fee.

Becoming an event member

1. Participants at SCANZ events, who are not subscribing members of SCANZ or its affiliates, must complete and sign an event membership form, and supply any information as may be reasonably required by the committee regarding an application for membership, and pay any relevant event member fee.
2. They will be considered members for the duration of that event but will accrue none of the privileges extended to subscribing members.

Members' obligations and rights (mandatory section)

This rule spells out the rights and obligations your society may wish to set out for its members. For example, the rule: Requires a member to provide information which helps the society to communicate with all its members. Outlines a clear duty which requires all members to act in ways that are in line with the purposes of the society. Provides certainty about a member’s rights should they fail to pay a subscription or meet other obligations by the due date and makes it clear that a member is not liable for a society’s debts simply because that person is a member. Ensures that a body corporate member has a representative authorised to deal with society issues and to represent the body corporate at general meetings. Makes it clear that a committee has power to control society property, including the use of society property and premises by members.

1. Every subscribing member must provide SCANZ in writing with that member's name and contact details (namely, physical and email address and a telephone number) and promptly advise SCANZ in writing of any changes to those details while they remain a member.
2. Every event member must provide SCANZ in writing with that member's name, physical or email address and a telephone number.
3. All members will promote the interests and purposes of SCANZ and its affiliates and must do nothing to bring SCANZ or its affiliates into disrepute.
4. All members agree to abide by the lawful and reasonable instructions of agents of SCANZ.
5. A member is only entitled to exercise the rights of membership (including attending and voting at general meetings, accessing or using SCANZ's premises, facilities, equipment and other property, and participating in SCANZ activities) if all subscriptions and any other fees have been paid to SCANZ by their respective due dates.
6. The committee may decide what access or use members may have of or to any premises, facilities, equipment or other property owned, occupied or otherwise used by SCANZ, and to participate in SCANZ activities, including any conditions of and fees for such access, use or involvement.

Subscriptions and fees

1. Subscribing memberships are deemed to start on the date on which the SCANZ Registrar enters that membership on SCANZ's register of members.
2. Subscribing memberships are for 1 year or 3 years and expire at the end of the calendar month the membership started in. I don't think we need to be this prescriptive of payment periods. Maybe something like: "The term for a subscribing membership shall be for at least 1 year or for any longer periods such as may be listed on the membership form." (SC)
3. Fees for each class of membership may be reviewed at a committee meeting at the discretion of the committee. A review need not always result in an adjustment.
4. The committee may set different rates within each class of membership using clearly defined criteria, as determined by the committee.

Ceasing to be a member (mandatory section)

This rule spells out when a member ceases to be a member.

General

1. An event member ceases to be an event member at the end of the event that the membership applies to, or earlier if removed from the event by the organisers.
2. A subscribing member ceases to be a member -
   1. by resignation by written notice signed by that member to the committee, or
   2. by failure to renew their membership subscription, or
   3. on death, or
   4. on termination of a subscribing member's membership following a dispute resolution process under this constitution, or
   5. by resolution of the committee where, in the opinion of the committee the member has brought SCANZ into disrepute.
   6. with effect from (as applicable) -
      1. the date of receipt of the member's notice of resignation by the committee (or any subsequent date stated in the notice of resignation), or
      2. the date of the end of the member's membership subscription, or
      3. the date of death of the member, or
      4. the date of termination of the member's membership under this constitution, or
      5. the date specified in a resolution of the committee and when a member’s membership has been terminated the committee will promptly notify the former member in writing.

Revocation and denial of membership

Suggest stealing this from the Corporate Policies of SCA Inc Membership of SCANZ may be revoked and/or denied at the sole discretion of the committee for the following reasons: Actions that endanger public health and safety, or disturb the peace of an SCANZ activity, in a manner which would make it reasonable for the modern authorities to be called in for assistance. Actions in the course of performing official duties on behalf of SCANZ which would make it reasonable for the modern authorities to be called in for assistance. Actions that endanger the operation or viability of SCANZ. Strikes me as a better wording than just "SCANZ". (SC) It's SCA Inc in the original(KM) Violation of the constitution or other rules of SCANZ. Conviction of violation of civil or criminal law. Strikes me as a slightly clumsy wording, but meh. Stet. (SC) Membership may also be denied if the reasons for a previous revocation of membership are still considered valid by the committee.

1. The committee may resolve to terminate/revoke or deny membership temporarily for a period determined by the committee at the time of the action (suspension), or permanently.
2. In the case of permanent denial of membership, no future membership application will be accepted from the party denied membership.
3. The following procedures must be followed for the committee to resolve to terminate/revoke an individual's membership of SCANZ: This bit needs to align with or possibly be in the dispute resolution section? We have allowed for the committee to refuse membership at its own discretion
   1. a committee meeting must be called which the individual in question is invited to attend or submit written grounds to refute the allegations; and
   2. the individual be provided with the full allegations upon which the revocation is based in writing no less than 1 month in advance of the committee meeting; and
   3. that individual is to be given the opportunity to defend themselves; and
   4. a vote of the committee will be taken to decide the issue; and
   5. the individual will be informed in writing of the decision of the committee; and
   6. in situations where the committee makes a decision to revoke a membership, this decision and the reasons for it must be communicated in writing to the governing bodies of SCA Ltd and SCA Inc and to the SCANZ registrar who will record the revocation in the membership records. Perhaps generalise this to "...governing bodies of SCA Inc and any other SCA bodies affiliated with SCANZ and to the SCANZ registrar..." (SC)
4. Revocations or denials of membership carried out with due process by SCA Inc or any of its affiliates and notified to SCANZ will be sustained by SCANZ in accordance with the operating agreements between SCANZ and its affiliates.

Obligations once membership has ceased

This rule sets out the consequences when a person ceases to be a society member and ensures the return of society property after a member has resigned or otherwise ceases to be a member.

1. An individual who has ceased to be a member under this constitution -
   1. must cease to hold themself out as a member of SCANZ, and
   2. must return to SCANZ or its branches all material provided to members by SCANZ or its branches.
   3. will cease to be entitled to any of the rights of a SCANZ member.
   4. will not be refunded any remaining membership fee.
2. An individual who has had their membership terminated following a dispute resolution process under this constitution or a resolution by the committee that the individual has brought the organisation into disrepute -
   1. must also cease to participate in the activities of SCANZ or any other SCA affiliate until this action is reversed.

Becoming a member again

This rule sets out the processes that a former member may be required to follow when seeking to re-join the society.

1. Any former member may apply for re-admission in the manner prescribed for new applicants.
2. But, if a former member's membership was terminated following a disciplinary or dispute resolution process (revoked and/or denied by SCANZ), the applicant may be re-admitted only by a resolution passed at a general meeting on the recommendation of the committee. This is from the template, but I'm not sure how we want to approach it? (KM) Seems like a workable option. If it actually happens one day, we'll find out how well it works. (SC)