FREQUENTLY ASKED QUESTIONS
Q Does My Club have it's own rules?
A Yes. Your pony club must be Incorporated under the Associations Act of Victoria (or NSW/SA if appropriate). Clubs should then also have their own By Laws. Completing the Annual return to Consumer Affairs ensures that the Club's incorporation is up to date and legal.
Pony Clubs who are incorporated will have Rules of Incorporation setting out members' rights and liabilities. This document establishes the Club and sets out the purposes for which it has come together, and all of the rules under which it proposes to operate. It must reflect the way in which the Club works. Being incorporated also protects Club Officials from the possibility of prosecution so it is vital that a club is incorporated, and that this is maintained each year by the public officer lodging the return to Consumer Affairs each year after the AGM.
YES! If your Club is incorporated your Club will have it’s own Rules of Incorporation.
On first becoming incorporated your Club would have lodged your Rules of Incorporation with Consumer Affairs. If you are unable to locate them Consumer Affairs should have a copy on file.
Follow this link
to do a search and order a copy (charges will apply from the Department of Consumer Affairs)
When a Club first becomes incorporated they will be required to establish a set of Rules of Incorporation. Consumer Affairs will provide a Club who is incorporating with a copy of the model rules to assist Club’s to establish their Rules of Incorporation. The following matters must be referred to in all Rules of Incorporation:
· Qualification for membership; that is, who is entitled to be a member; and who decides on applications for membership (usually the committee).
· Whether application for membership should be in writing and whether referees should be named.
· Classes of members, and their rights, such as honorary life members who have all the entitlements of ordinary members but who may not be eligible to vote.
· The manner in which a membership can be cancelled other than by resignation (eg overdue membership subscriptions) and the reasons a person can be expelled or suspended from the organisation.
· The manner in which a general meeting can be called to resolve an issue.
· Powers of the committee, which enable committee members to manage the day-to-day running of the organisation.
· Whether the Secretary and Treasurer can be one and the same person (ideally they would be separate to maximise accountability).
· The number of members of the committee, the regularity of meetings and number of committee members required for a quorum.
· The manner and circumstances for committee members to be indemnified out of the organisation’s funds, in the event that they incur any liability on behalf of the organisation.
· The manner of winding up the organisation and the distribution of assets.
The Rules of Incorporation should define the rights and duties of individual members and those of the members of the committee, who are elected to run the organisation on a day-to-day basis. The Associations Incorporation Act in each state provides a model constitution for clubs and associations.
Any changes to the Rules of Incorporation are usually required to be debated and voted upon at an annual general meeting or a special general meeting. The Rules of Incorporation should always be kept up to date by the Secretary, so that there can be no confusion as to the rules at a certain time. It is good practice to send copies of all amendments to those who hold copies of the Rules of Incorporation.
The Club Committee should be always be knowledgeable of their Rules of Incorporation and refer back them when a Club management issues arises.
Your Committee should read your Pony Club Rules to ensure they are consistent with the PCAV Purpose & Rules of Incorporation and any rulings stated in the PCAV
Q. My clubs rules are not well contsructed. Is there a sample set of pony club rules we could use to model our on?
A. Yes - PCAV has a template Model Rules, written especially for Victorian Pony Clubs, that is easily tailored for individual clubs.