Feedback on Draft Constitution 2019

Click on the following links to see feedback according to each section.

Please note, the feedback form issued to District Councils incorrectly included a section for Executive Director. This is not included in the draft Constitution so feedback on this point has not been included here.

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Preamble

Forster Tuncurry RSL sub-Branch

Agree

 

Gloucester RSL sub-Branch

Disagree

“There is no need for a history lesson and para 4 should be removed. Reference to the Leagues ideals and objects have been left out. These are the important standards we have followed successfully for 100 years not just our charitable responsibilities.

Include clause 1.7 & 1.8 of current Constitution

Rest OK.”

 

Grafton RSL sub-Branch

Agree

Agree with the statement led by its Volunteers. Should then state the Board Members are to be elected iaw the Constitution of RSL New South Wales. Elected members are to be chosen from areas as follows: 3 Metro, 3 Southern and 3 Northern with one Independent selected by the Board

 

City of Sydney RSL sub-Branch

Agree

 

Mosman RSL sub-Branch

Disagree

“1. The last two sentences of paragraph 4 should be deleted so as

to let mistakes/errors/ misjudgements be left behind. The remaining part of paragraph 4 is okay and gives the reader some background as to why the fresh Constitution exists.

  1. The League is not defined and instead the term RSL NSW is used throughout the document but gives it a narrower meaning. Where the word League is used it is in the context of the wider organisation i.e. nationally. The draftsman needs to be clearer as to whether it is the national League or the RSL NSW (a Branch of the League) is being referred to. Thus the word “League” must be a defined term in Appendix A.

Clause 1.3 See above regarding definition of the League. Why refer to another document i.e. “the constitution of RSL National” when it that term should be defined within this document in Appendix A – use the same definition in this document. Make it self-contained.”

 

Wyong RSL sub-Branch

Agree

Good and Concise in detail

 

Cumberland RSL sub-Branch

Agree

 

Chatswood RSL sub-Branch

Agree

“Appendix A should include a definition of “veteran” – as per the

common definition (different that that used for DVA claim purposes)

that was agreed in the Joint Communique from the Veterans’ Ministers’

meeting dated 8 Nov 2017 (copies attached)”

 

Hornsby RSL sub-Branch

Agree

“Para 4 should be deleted.

It could be replaced with a more relevant factual statement such as:

“Following the introduction of specific charity legislation and a charities’ regulator in 2012 and a 2017 public inquiry highlighting the consequences of insufficient governance, RSL NSW has been reconstituted by the RSL NSW Act 2018. These events require significant

changes to the Constitution. RSL NSW has also recognised the need to

update the Constitution and By-Laws to simply and modernise the

structure and operation of these important documents.”

 

Brooklyn RSL sub-Branch

Disagree

“PARA 4 OF THE PREAMBLE IS INAPPROPRIATE AND UNNECESSARY. THE

WORDING SHOWN APPEARS SELF-SERVING AND DOES NOTHING TO

IMPROVE THE OVERALL BREVITY OF THE DOCUMENT”

 

Lower North Coast District Council

Disagree

We largely agreed with the points made by Southern Metropolitan District Council submission

 

Berowra RSL sub-Branch

Disagree

Paragraph 3 and 4 of preamble read more like excuse to create a new constitution since the passing or RSL NSW Bill 2018. We shouldn’t be making excuses within a Constitutional document for change. Rather we should be saying who we are and who we represent and support, Australian Military Defence Force Veterans and their families. Understand that our support of veterans is also included in clause 3, charitable purpose, needs to be inserted in preamble. All members are volunteers except employed staff

 

New England District Council

Agree

 

Castle Hill & District RSL sub-Branch

Disagree

“1.

The preamble should describe the purpose, ethos and values of RSL NSW.

2.

Paragraph Four – remove paragraph in its entirety. It is unnecessary to recap and therefore, inscribe a shameful period into the Constitution. Further, it will be difficult to remove the paragraph once it is included and could remain in place for years and long after the mistakes of that period have been erased.

3.

Paragraph Five – references to the ‘League’ should be discontinued after the term ‘RSL NSW’ is introduced. In paragraph three.

4.

Paragraph Six – Amend …’ensuring Australia’s security… to: ‘…promoting Australia’s security and the good name…’.

 

 

Gunnedah RSL sub-Branch

Agree

 

Narrabri RSL sub-Branch

Agree

 

Werris Creek RSL sub-Branch

Have no issues with the preamble

 

Eastern Metropolitan District Council

Agree

Believe 2nd last line in para 2 should read “Membership of the league is primarily for those who have served in the Australian Defence Force”.

 

Terrigal Wamberal RSL sub-Branch

Agree

 

Toukley RSL sub-Branch

“The League is led by volunteers, but under the new proposals the Directors are to receive a stipend.

Add to the second paragraph the words “and allied nations defence forces”  See Service Membership.

Membership of the League does not include all those who served in Imperial and allied services.

“Service Member” needs a new definition – see PP 18,21,25,26,27,31,34,&c..

In 1. RSL NSW insert after the words “RSL NSW Act” the words No 48 of 2018””

 

South Lake Macquarie RSL sub-Branch

Disagree

“The preamble must include the failings of authorities pointed out in the RSL inquiry also. For example

Paragraphs 1(b), 2(b) and 3(b) of the Terms of Inquiry

1.24 The terms of condition 20 on their own were not adequate to achieve its purpose and ensure good governance of RSL NSW, RSL WBI and RSL LifeCare in respect of matters relevant to the operation of the Act.

Paragraph 4 of the Terms of Inquiry

1.26 The widespread failures in RSL NSW, RSL WBI and RSL LifeCare, between 2007 and the commencement of this Inquiry on 15 May 2017, are quite extraordinary, particularly in light of the assessment made by NSW Fair Trading, which is currently responsible for administering the Act, in mid2016 that there was “no evidence of any particular problem in the sector”.

4.71 These problems lead inevitably to consideration of the adequacy of the legislative regime, which is discussed later in this Report.

ALSO noting the Reforms suggested from 14.7 onwards.”

 

Doyalson Wyee RSL sub-Branch

Disagree

Too much Waffle

 

The Entrance Long Jetty RSL sub-Branch

Disagree

Paragraph 4 is not required. Rehashing.

 

Blue Mountains District Council

Disagree

“There was no index to the draft and this has to be there

This made navigation for comment very difficult”

 

Bingara RSL sub-Branch

Agree

 

Monaro & Far South Coast District Council

Agree

RSL NSW is not a stand alone organisation but is State Branch of RSL Australia and should be spelt out more clearly.  RSL was life members although that membership is controlled by National should be included in the constitution.

 

Matraville RSL sub-Branch

Agree

 

Northern Beaches District Council

Disagree

“The 4th paragraph is far too verbose and turns the Preamble into a short story and not a summary.

A suggested re-drafting of that paragraph is attached.”

 

Intra-Mural District Council

Disagree

“Para 2 delete and suggest for consistency and accuracy –

New para:

Formed in 1916 as the Returned Sailors and Soldiers Imperial League of

Australia (RSSILA), the League’s name subsequently evolved in 1941 to

the Returned Sailors Soldiers and Airman’s Imperial league of Australia

(RSSAILA), in 1965 to the Returned Services League of Australia (RSL)

and in 1990 to the Returned and Services League of Australia (R&SL).

Membership of the League is for those who have served in the

Australian Defence Force.

Membership eligibility in Appendix B – Membership Service Member

Cl 14 (d) allows persons of other Armed Forces to become Service

Members.

Para 4 line 1 delete to “..foremost” – Reference to past issues is not

required

Para 4 Line 2 “..RSL NSW Act” (change of font)

Para 4 line 8 delete from “..Further.. to end of para” – This detail not

required in Constitution

Para 6 line 3 delete “ensuring” and replace with “ pursuing“”

 

Riverina District Council

Agree

 

Bondi Junction/Waverley RSL sub-Branch

Disagree

“Remove paragraph 4 absolutely no need for this, the League is now over 100 years old

and we see no need to include those comments otherwise the comments in the current

constitution should remain.”

 

Hunter Valley District Council

Disagree

Most respondents believe that paragraph 4 is not needed and should be deleted.

 

Bellinger River RSL sub-Branch

Agree

Well worded, strong last paragraph.

 

Coogee Randwick Clovelly RSL sub-Branch

Disagree

Service members are not the only ones – Affiliates also

 

City of Bankstown RSL sub-Branch

Disagree

“Remove entire Paragraph 4.

Include Clause 1.7, 1.8, 1.10, 1.12, 1.13, 1.17 and 1.18 of the current constitution.”

 

Davistown RSL sub-Branch

Agree

 

Ballina RSL sub-Branch

“Delete 4th paragraph – events of the past….

Also, the Preamble should address the significance of membership with the League”

 

Far South Western District Council

Agree

 

Central Coast District Council

Disagree

“Paragraph 4 is not required. Rehashing.

D-Wyee – Too much waffle.

The preamble must include the failings of authorities pointed out in the RSL inquiry also. For example

Paragraphs 1(b), 2(b) and 3(b) of the Terms of Inquiry

1.24 The terms of condition 20 on their own were not adequate to achieve its purpose and ensure good governance of RSL NSW, RSL WBI and RSL LifeCare in respect of matters relevant to the operation of the Act.

Paragraph 4 of the Terms of Inquiry

1.26 The widespread failures in RSL NSW, RSL WBI and RSL LifeCare, between 2007 and the commencement of this Inquiry on 15 May 2017, are quite extraordinary, particularly in light of the assessment made by NSW Fair Trading, which is currently responsible for administering the Act, in mid2016 that there was “no evidence of any particular problem in the sector”.

4.71 These problems lead inevitably to consideration of the adequacy of the legislative regime, which is discussed later in this Report.

ALSO noting the Reforms suggested from 14.7 onwards.

Add to the second paragraph the words “and allied nations defence forces”  See Service Membership.

Membership of the League does not include all those who served in Imperial and allied services.

“Service Member” needs a new definition – see PP 18,21,25,26,27,31,34,&c..”

 

Maclean RSL sub-Branch

Disagree

“Suggest changing Para 4 to present tense. We think the preamble should be written as if the draft constitution has taken effect rather than trying to explain the historical reasoning for a new constitution. The preamble will be with us for some years to come:

 

“RSL NSW has been re-constituted by the RSL NSW Act 2018 and the constitution  brought into line with the new rules and structures the Act imposes. Additionally, the introduction of specific charity legislation places new obligations on RSL NSW and its sub-Branches and on their respective responsible officers, making it particularly important that the organisation’s charitable purpose is clearly and succinctly stated. These obligations and the charitable purpose  clearly spelt out  will aid the organisation in complying with its charitable obligations.””

 

South West Rocks RSL sub-Branch

Agree

 

Wagga Wagga RSL sub-Branch

Disagree

Dependents, not families – moving into Legacy space, where do families stop.

 

FWMDC sub-Branch C.

Disagree

“PARA 3/LINE 3

THE MINISTER FOR VETERAN AFFAIRS WHEN DEVELOPINGTHE RSL NSW ACT OF 2018: –

“”THE ACT SIMPLY CONTINUES THE EXISTING CORPORATION WHICH WAS CONSTITUTED BY THE PREVIOUS ACT.””

 

PARA 4

SHOULD BE DELETED AS IT IS INCORRECT AND TOO WORDY AND SOME COMMENTS ARE NOT RELEVANT TO A PREAMBLE.  THE PARAGRAPH SHOULD STATE: –

“”THE RSL NSW IS A PRIVATE CORPORATION GOVERNED BY A CONSTITUTION, NOT LEGISLATION.”” LAUSES 1.5, 1.7 AND 1.8 FROM THE CURRENT CONSTITUTION SHOULD BE INCLUDED.

 

PARA 6/LINE 3

DELETE THE WORDS “”AUSTRALIAN CONSTITUTION”” SENTENCE STARTING WITH -“”LEAGUE MEMBERS”: – TO THE SENTENCE ENDING “AND THEIR FAMILIES”” SHOULD BE DELETED AND REPLACED WITH “”LEAGUE MEMBERS ARE COMMITIED TO PROMOTING THE GOOD NAME AND STANDING OF FORMER AND CURRENT MEMBERS OF THE AUSTRALIAN DEFENCE FORCE AND THEIR FAMILIES.”””

 

FWMDC sub-Branch F.

Disagree

“Para 2, 2nd Para

Members comments 1965 Should read 1967?

 

“Membership of the League is for those who have served in the Australian Defence Force.” What about peacekeeping operation by both Federal and State police forces? 1.10. in the current Constitution States, “provide overseas police veterans with appropriate assistance and encouragement to join RSL NSW” This should be included into the Preamble!

 

There is no Mention of the Crown or the Westminster System in the preamble, the Current Constitution states

“1.17 promote loyalty to the British Monarch and the institution of the Crown; and

1.18 promote the Westminster System of Government and uphold the Australian Constitution.”

These should be included into the Preamble!”

 

FWMDC sub-Branch H.

“Para 2. Add the allied service and Federal Police component and continue this component throughout the rest of the preamble.

 

Change the name to something more appropriate, preamble is rather base.”

 

FWMDC sub-Branch J.

Remove Preamble as it is a history lesson and does not contribute to the Constitution.

 

FWMDC sub-Branch M.

Click here to read feedback.

 

Southern Metropolitan District Council

Disagree

Remove entire Paragraph 4.

Include Clause 1.7, 1.8, 1.10, 1.12, 1.13, 1.17 and 1.18 of the current constitution.

Preamble - ANZAC House Response

‘Paragraph four’ deleted

Minor wording changes, and typographic errors corrected

Purpose

Forster Tuncurry RSL sub-Branch

Agree

 

Bass Hill RSL sub-Branch

“3.1 Why there is a need to extend the term ‘without limitation’ to those who are elderly. Doesn’t the term ‘without limitation’ cover this sector of those we serve.  We think without limitation covers it all.

I agree with this comment.  Why are we adding   “to those who are elderly”?

 

3.5 (a)The call to advocate on matters of public policy is countered by the clause 13.19 in the draft which states that “”must not associate, attend or take part in any sectarian or political gathering or meeting”” we cannot advocate on public policy if we are not to have political meetings e.g. meet a minister to advocate for a public policy.  Clarity required on 3.5 (a) and 13.19.

This is what we have always done.  e.g.  Lobby Government on Veterans Policy.  Sub-Branches cannot do this under 13.19 except via motions to State Congress.  RSL NSW then does the lobbying, etc.”

 

Lower North Coast District Council

Disagree

“Mostly agree but suggest the following:

That the wording of Section 3 ‘Charitable Purpose’ be amended to include the definition as “Welfare, Commemoration & Donations.

 

 

Gloucester RSL sub-Branch

Disagree

“The purpose mainly talks about charitable purpose. The League is more than this and the original Aims and Objects should be retained as it explains very clearly what we are about, not just a charity.

We must promote the aims and objects stated in our current constitution. Motto must be included.”

 

Grafton RSL sub-Branch

Para 3.1 and subsequent paragraphs delete all reference to current members. This is a Defence responsibility.

 

City of Sydney RSL sub-Branch

Agree

 

Mosman RSL sub-Branch

Disagree

“Clause 3.5 should be made clearer that “promoting and publicly advocating for the interests . . .” includes lobbying/advocating/acting

for “the interests of former and current members of the ADF etc” with the Federal and State Governments as necessary Insert new Clause 3.6: RSL NSW to provide governance, administrative support and training to sub-Branches to facilitate the charitable purpose including in the finance administration by the sub-Branches.”

 

Wyong RSL sub-Branch

Agree

 

Cumberland RSL sub-Branch

Agree

 

Chatswood RSL sub-Branch

Agree

 

Hornsby RSL sub-Branch

Agree

“We agree with the statement of Charitable Purpose but consider that this statement should become a subset of the Purpose, Aims and Objects, going beyond just being a charity.

See separate paper prepared by Hornsby Sub-Branch.”

 

Brooklyn RSL sub-Branch

Disagree

PARA 3.5 SHOULD CLEARLY STATE THAT THE LEAGUE SHOULD MONITOR GOVERNMENT ACTIONS THAT IMPACT THE WELLBEING AND SUPPORT OF SERVING AND EX MEMBERS OF THE DEFENCE FORCES AND TAKE ACTION WHERE MEMBERS ARE ADVERSELY AFFECTED BY CHANGES TO GOVERNMENT REGULATIONS.

 

Berowra RSL sub-Branch

Disagree

“Although charitable purpose includes phrases from previous constitution clause title aims and objects, it excludes many aims and objects. E.g. Youth Clubs and Day Clubs.

Cl.3.1 – Using “”poverty”” and “”destitution”” – Duplication of meaning

Cl.3.1, Line 3 – Using ‘””they”” with “”member”” replace “”they with he/she””

Cl.3.5 (b), Line 4 – Using “”their”” with “”member””, replace “”their”” with “”his/her”””

 

New England District Council

Agree

 

Far Southern Metropolitan District Council

Disagree

“3.2

Needs more done in this area ”

 

Castle Hill & District RSL sub-Branch

“Clause 3 Heading, amend to read: ‘’The objects of the RSL NSW Charitable Purpose are:’’

Clauses 3.1, 3.2 and 3.5 (b): delete “current and”. (The ADF is responsible for serving personnel.)

Clause 3.5(c). Delete “guarding” and insert “assist in protecting”

Clause3.3, amend to read: ‘’Commemorating those who have served while preserving the memory of those who have suffered and died.” (The service of individuals does not require external validation.)

Insert additional Charitable Purpose objects for consideration:

Add:

‘Clause 3.6. promoting strong links between veterans and the broader community, and supporting:

a.

agencies, communities and organisations that assist with commemorations and other RSL activities, and

b.

combined veterans and community groups that provide activities for veterans and their families.

Clause 3.7. maintaining contact with veterans to keep them informed of sub-Branch matters, meetings and activities;

Clause 3.8. promoting and supporting sport and fitness programs and events that improve the wellbeing of veterans, but not limited to:

a.

veteran fitness programs, and

b.

Invictus Games, Veterans for Sports and other veteran sports’ initiates;

Clause 3.9. providing support to:

a.

schools with construction/refurbishment of memorials, Anzac essay competitions, ambassador programs, etc., and

b.

war widows and widowers’ initiatives;

Clause 3.10. providing governance, management and financial training to progress the Charitable Purpose and

Clause 3.11. facilitating the employment in sub-Branches  of administrative assistance, when required, to progress the Charitable Purpose.’”

 

Gunnedah RSL sub-Branch

Agree

 

Narrabri RSL sub-Branch

Agree

 

Werris Creek RSL sub-Branch

Have no concerns

 

Eastern Metropolitan District Council

Agree

 

Terrigal Wamberal RSL sub-Branch

Agree

 

Toukley RSL sub-Branch

Current and former members and their families are mentioned, but there is no reference to future ADF members.

 

South Lake Macquarie RSL sub-Branch

Agree

 

Doyalson Wyee RSL sub-Branch

Disagree

3.5 (c) Promoting the defence of the Commonwealth of Australia is not our job, that is the Governments job. This should be deleted

 

Blue Mountains District Council

Disagree

“[It is as shame that some Aims and objectives are not clearly stated after the Charitable Purpose where upholding the honour and integrity (graves, promoting the Defence Forces is clearly stated) after – i.e. why does para 4 only apply to charitable purpose?]

Add 3.6     to help keep ‘The Spirit of ANZAC alive in local communities by

(a)

Promoting and conducting ANZAC Day, Remembrance Day and similar commemorative services;

(b)

Educating and reminding schools, community groups and the general public of the importance of keeping ‘The Spirit of ANZAC’ alive and why we say ‘Lest we Forget’; and

(c)

Working with local communities to ensure that war memorials and war museums are maintained and updated where required.

 

 

Bingara RSL sub-Branch

Agree

 

Monaro & Far South Coast District Council

Disagree

Paragraph 3.1 to 3.5b remove all reference to serving ADF members and families.  Other agencies are available for this purpose.

 

Matraville RSL sub-Branch

Agree

 

Northern Beaches District Council

Disagree

“Inclusion of clause 3.3 to include Australian personnel on UN Peacekeeping missions. A suggested redraft of that clause is attached.

We need to ensure that our community involvement is properly captured in clause 3.5.”

 

Sussex Inlet RSL sub-Branch

“Given that the RSL NSW Act does not currently include any objects, functions or statements of charitable purpose, it is imperative that the Constitution provides explicit scope to ensure our charitable purpose is directed both ‘inwards’ through the organisation and ‘outwards’ to government, other Ex Service Organisations, key stakeholders and the broader community. With so many other charities proliferating in our external operating environment it is critical that RSL NSW positions itself as a lead ESO with a long and proud history of support to veterans in order to effectively and credibly influence policy outcomes into the future.

– the Welfare Statements (clause 3.1, 3.2 and 3.4) appear to adequately address the scope of our purpose. Recommend Clause 5b be incorporated or a separate clause be added to the purpose statements to adequately elevate the importance of establishment and maintenance of literary, social and benevolent activities.

– The Commemoration Statement (clause 3.3) needs to be expanded by recognising both commemorations and memorials to those who have served, suffered and died. Many sub-Branches are custodians of war memorials, veteran’s medals and other important memorabilia. Recommend a statement clause on commemoration and a separate statement clause on fostering protection, preservation and conservation of memorials and memorabilia.

– Research, promotion and public advocacy for welfare and commemoration (3.5a) is a key purpose of RSL NSW in terms of legislative and policy reforms at Federal, State and Local Government levels. Otherwise the statements are too inward looking when equal emphasis should be given to our outward looking charitable purposes. This is particularly important with regards to reforms to Veterans Affairs and other policy initiatives that RSL NSW should be heavily involved with. Recommend clause 3.5a be elevated as a separate purpose statement clause

– Fostering public knowledge, appreciation and understanding of the Australian Defence Force and its history of service to hard the good name, interests and standing of current and former members of the ADF. The importance of RSL NSW as a lead Ex Service Organisation (ESO) in welfare and commemoration needs greater emphasis in terms of the educational function of RSL NSW. Again this is the more outward looking to key stakeholders, other ESOs and the broader community whose support we need to maintain and continue to build. Recommend clause 3.5c be elevated as a separate purpose statement clause

– all other things necessary, ancillary or incidental to implementing its benevolent charitable purpose can now remain as a statement which provides the without limitation clause”

 

Intra-Mural District Council

Agree

 

Riverina District Council

Agree

 

Bondi Junction/Waverley RSL sub-Branch

Disagree

 

Hunter Valley District Council

Disagree

Clause 3 is inconsistent with Appendix B 14 (d). Clause 3 only mentions members or ex-members of the Australian Defence Force in our Charitable Purpose. Membership eligibility at 14 (d) includes members of Allied Forces. Surely they must come under our Charitable purpose.

 

Bellinger River RSL sub-Branch

Agree

Good to see camaraderie mentioned in our charitable purpose.

 

Queanbeyan RSL sub-Branch

3.1 -if the clause is to remain as stated the first word on line 4 should be “limiting” rather than “limitation”. However, the clause would read more smoothly if: All words after “homelessness or destitution” were deleted. 3.2 -we view “support and assistance” for current members of the ADF as outside the RSL NSW’s Charitable Purpose. That matter is probably adequately addressed by clause 3.5 (a).However, if our approach is not supported at least consider deleting all after the word “life” on the second last line. 3.3 -last line substitute “and” for the word “or”. 3.5 (c) contains two distinct matters. Suggest “guarding the good name etc.” should become sub-clause 3.5 (d). We note 3.1 -line 1 -includes the expression “current and former” whilst 3.5 (a) – line 1-includes the expression “former and current”. Is there a reason for the differences?

 

Coogee Randwick Clovelly RSL sub-Branch

Agree

 

City of Bankstown RSL sub-Branch

Disagree

“In Clause 3.5 remove word ”benevolent” and

In Clause 3.5(b) change the word ”benevolent” to “other”.

Replace 3.3 in draft Constitution with Clause 1.6 of the current constitution.”

 

Northern Metropolitan District Council

Disagree

“Admittedly the Productivity Commission (PC) report, “A Better Way

to Serve Veterans”, came out after this current draft but on pages

36 the PC simply and succinctly identifies 3 essential activities of an

ESO

  • claims advocacy — assisting veterans and their families to

prepare and lodge claims to DVA, as well as putting the

veteran’s case to DVA, the VRB and the Administrative Appeals

Tribunal (AAT)

  • wellbeing supports — assisting veterans and their families with

transition, rehabilitation and social engagement

  • policy input and influence — informing government about the

practical experience of accessing the veteran support system

and recognising veterans’ interests in government policy.

It is the last point where this draft is lacking. ADVOCACY and the

specific use of the word is a glaring omission from the Charitable

Purpose of the League in this draft. The strong use of advocacy

needs to be readdressed with the PC’s report in mind. Not only

claims advocacy but policy advocacy to government on behalf of

veterans. In the report they say “Veterans’ organisations — acting

as representatives of veterans and their families — are highly

influential in policymaking”.”

 

Davistown RSL sub-Branch

Agree

 

Ballina RSL sub-Branch

“Charitable Purpose should include and extend to RSL members. Part 3 is exclusive to Defence Force Members.   3.5 (b) is the only reference to eligible persons not necessarily in necessitous or other difficult circumstances.  This sub-clause is socially limiting e.g. no lifestyle, physical or sporting benefits.

 

This Charitable Purpose is narrow in narrative and vision aimed towards nearly a singular purpose. That being care only for past and present Defence Force personnel in necessitous circumstances. All of which is good if not a primary aim, however not all current or eligible future members fit into this purpose.

 

The RSL needs to become attractive to all eligible persons, encouraging membership growth, for this to happen, these people need to be included into the organisations purpose in a giving or chartable way.

 

To grow the RSL brand, RSL need to build on the foundations from which it evolved. Current changes aimed towards progressing the brand requires RSL to broaden its vision encompassing many more of the elements of need for the target group and their place in society, particularly their positioning in their respective local community and social environment. ”

 

Far South Western District Council

Disagree

“Definition of a veteran DVA vs RSL

3.1 depenants not families”

 

Central Coast District Council

Disagree

Current and former members and their families are mentioned, but there is no reference to future ADF members.

 

Maclean RSL sub-Branch

Agree

 

Brian Boughton, East Maitland RSL sub-Branch

“3.

No mention is made of friendship created by mutual service in the Australian Defence Force or Allied Forces as defined in the current constitution in para 1.4, the only reference in the proposed document is to Australian Defence Force?”

 

South West Rocks RSL sub-Branch

Agree

“3.5 what about Building Memorial Hall.

Maintenance of  meeting places when not a registered club”

 

Wagga Wagga RSL sub-Branch

Agree

 

FWMDC sub-Branch C.

Disagree

“CLAUSE 3.5 – REMOVE THE WORD “”BENEVOLENT””

CLAUSE 3.5(b)- REMOVE THE WORD “”BENEVOLENT”” AND INCLUDE THE WORDS “”OTHER””

CLAUSE 3.3 AND REPLACE WITH 1.6 OF THE CURRENT CONSTITUTION”

 

FWMDC sub-Branch H.

Add Federal Police component as they also served in Peacekeeping etc and have been taken on board as returned.

 

FWMDC sub-Branch I.

Agree

Reworded as a Charitable Purpose, Consistent with existing Constitution Aims and Objects – some references of existing deleted such as references to loyalty to the British Monarch and Westminster system or moved to new clauses such as references to donations and control of sub-Branches and Subsidiaries

 

FWMDC sub-Branch J.

Disagree

This seems to be written in legalise format.  The current Aims & Objects could be updated and kept simple.

 

John Greig, Bundeena RSL sub-Branch

“I have recently noted a further difficulty contained within the proposed 2019 draft Constitution, which was not covered in Bundeena’s “feedback” submission.

The difficulty relates to the primary “Charitable Purpose” of RSL NSW, which includes the words: “. . . current and former members of the Australian Defence Force and their families . . .” and also possibly affects the recently adopted “Mission” of RSL NSW, being: “Respecting, supporting and remembering our veterans and their families”.

The difficulty relates to the use of the word “families”.

In the current in force Constitution, the “Aims and Objects” nominate in the first paragraph, why RSL National was established, i.e., its primary “Charitable Purpose”, and uses similar words with one major difference: “. . . interests and welfare of former and current members of the Australian Defence Force and their Dependants . . .”.

That big difference is the use of the word “families” in place of the word “Dependants”.

The word “Dependant” is defined in the current in force Constitution to mean: “a partner or child of a current or former member of the Australian Defence Force or a person who held that relationship with such personnel at the time of their death”.

However, neither the word “families” nor “family”  is defined in the proposed 2019 draft Constitution.  That could be catastrophic and hugely costly  into the future, as the word “family” in the dictionary definition is much, much wider in its meaning than the word “dependant” either as defined in the current in force Constitution or in its dictionary definition.  Thus without a clear and limiting definition of the word “family” for the purposes of the proposed Constitution, the way is open for all members of the much wider family to try to include themselves in the coverage of the RSL Constitution by way of claiming.  It may be difficult to resist such claims as the word was not subject to any limitation or definition in the proposed new Constitution.  The word “family” or “families” thus needs a clear and limiting definition, similar to that of the word “dependant” in the current in force Constitution.”

 

Southern Metropolitan District Council

Disagree

In Clause 3.5 remove word ”benevolent” and

In Clause 3.5(b) change the word ”benevolent” to “other”.

Replace 3.3 in draft Constitution with Clause 1.6 of the current constitution.

Purpose - ANZAC House Response

Point added to charitable purpose, to include: “establishing, maintaining and regulating the operation of RSL NSW sub-Branches in New South Wales”

RSL NSW Powers

Forster Tuncurry RSL sub-Branch

Agree

 

Gloucester RSL sub-Branch

Disagree

“That there is not enough detail. The Powers of RSL NSW in our current Constitution has listed in detail what is required.

Para 9.27 b is far reaching and needs to be explained.

Sub Branches and their members must maintain the control of the Leagues direction not a Corporate Board dictating what the members are to do. The Board is there to serve the members of the League.

Sub Branches must have the right to put their motions forward to Congress for changes even if the board don’t like it. They should not have the right to dismiss them.

Sub Branches must retain the right to communicate and associate with each other without the threat of blocking communications.

Sub Branch must retain the right to challenge the board if a situation occurs by gathering the support of at least 75 Sub Branches or more to call an extraordinary meeting of Congress. This is a fundamental right in our organisation. Remove clause 1.4(d)   ”

 

Grafton RSL sub-Branch

Agree

 

City of Sydney RSL sub-Branch

Agree

 

Mosman RSL sub-Branch

Agree

 

Wyong RSL sub-Branch

Agree

 

Cumberland RSL sub-Branch

Agree

 

Chatswood RSL sub-Branch

Agree

 

Hornsby RSL sub-Branch

Disagree

“Clause 4 should state all the Powers explicitly (i.e. in a list as per the existing Constitution) as well as by reference to other sources of power as per Clause 4.1 of the DRAFT.

We say this because the Constitution is about the statutory corporation, RSL NSW, not just about the Board and its powers. We also say that the Powers of RSL NSW must be used to carry out all of the Purposes of RSL NSW, not just the Charitable Purpose.

See separate paper prepared by Hornsby Sub-Branch.”

 

Brooklyn RSL sub-Branch

Agree

 

Lower North Coast District Council

Agree

 

Berowra RSL sub-Branch

Agree

 

New England District Council

Agree

Query 4.1 (d);  “Should be RSL NSW Act 2018?”

 

Far Southern Metropolitan District Council

4.1(b) Not a Corporation

 

Gunnedah RSL sub-Branch

Agree

 

Narrabri RSL sub-Branch

Agree

 

Werris Creek RSL sub-Branch

Still object to the word “powers” Feel it would be more of a friendly, unified organisation if words such as “invested authority” all rights reserved of and by the board”. “Powers” sounds dictatorial.

 

Eastern Metropolitan District Council

Agree

 

Terrigal Wamberal RSL sub-Branch

Agree

 

Toukley RSL sub-Branch

“Inappropriate wording

Legalese but could be framed better”

 

South Lake Macquarie RSL sub-Branch

Agree

 

Doyalson Wyee RSL sub-Branch

Disagree

4.1 a,b,c,d not needed. Should be deleted

 

Blue Mountains District Council

Disagree

Why do these apply only to Charitable Purpose?

 

Bingara RSL sub-Branch

Agree

 

Monaro & Far South Coast District Council

Agree

 

Northern Beaches District Council

Agree

 

Matraville RSL sub-Branch

Agree

 

Intra-Mural District Council

Agree

 

Riverina District Council

Agree

 

Bondi Junction/Waverley RSL sub-Branch

Disagree

Clause 9.27. This clause gives complete authority without limitation to the board etc and we disagree.

 

Hunter Valley District Council

Agree

 

Bellinger River RSL sub-Branch

Agree

 

Queanbeyan RSL sub-Branch

Page 5 4.1 -we believe the last line needs rewording

 

Sussex Inlet RSL sub-Branch

The order of presentation of the powers should commence from the Act and work down the order of precedence. Currently the Act does not communicate RSL NSW purpose, objects or functions. Recommendation that following ratification of the RSL NSW Constitution that the Act be amended to include the Charitable Purpose

 

Coogee Randwick Clovelly RSL sub-Branch

Agree

 

City of Bankstown RSL sub-Branch

Disagree

Remove clause 1.4(d).

 

Davistown RSL sub-Branch

Agree

 

Far South Western District Council

Agree

 

Central Coast District Council

“Inappropriate wording

Legalese but could be framed better”

 

Maclean RSL sub-Branch

Agree

 

Brian Boughton, East Maitland RSL sub-Branch

“4.1

RSL NSW Powers – the statement “all of which must only be used to carry out the Charitable Purpose”?  I have some reservations with this WRT the specification of “only” particularly when specific reference is made to “corporate”.

However if the corporate is used as the synonym (collective; joint; amalgamated; associated; collaborative; combined; common; communal; concerted; incorporated; pooled; shared; united) then I can understand and agree, however it may need elaboration.

The previous constitution defined the extent and limitations of the Powers of the RSL NSW, the proposed new constitution doesn’t do this and therefore leaves a great deal of scope in the hands of the “board” with limited limitations?”

 

South West Rocks RSL sub-Branch

Agree

 

Wagga Wagga RSL sub-Branch

Agree

 

FWMDC sub-Branch C.

Disagree

“4.1C REMOVE THE WORD “”AND””

4.1D DELETE”

 

FWMDC sub-Branch H.

Add at the end of Charitable Purpose “in accordance to the rules of ACNC and Fair Trading.

 

FWMDC sub-Branch I.

Agree

Note Clause uses Acts and legal references to define “Powers” including those granted under this Constitution.

 

FWMDC sub-Branch J.

Disagree

What are the Powers? The current Constitution has a description and expansion of the powers.

 

Southern Metropolitan District Council

Disagree

Remove clause 1.4(d).

Application of Income and Property

Forster Tuncurry RSL sub-Branch

Agree

 

Gloucester RSL sub-Branch

“Not enough detail is in this section. Again, over the years this section would have been amended as events unfolded and is detailed, so that it is very clear to anyone of its intention.

Change clause 5.1(a) completely to “must be used appropriately in pursuit of it’s charitable purpose and include aims and objects of RSL NSW.”

 

Grafton RSL sub-Branch

Agree

 

City of Sydney RSL sub-Branch

Agree

 

Mosman RSL sub-Branch

Disagree

“Clause 5.1 (a) wording can be improved to make clearer, as follows:

“(a) must only be used to carry out the objects of the Charitable

Purpose””

 

Wyong RSL sub-Branch

Agree

Governed by RSL Act

 

Cumberland RSL sub-Branch

Agree

 

Chatswood RSL sub-Branch

Agree

“Page 5 – c5.3: An example or two of such payments might be useful to

better understand how this clause is not already encompassed in 5.2”

 

Hornsby RSL sub-Branch

Agree

“Clause 5.1(a) should be amended to encompass all the Purposes of RSL

NSW, not just the Charitable Purpose. Perhaps there needs to be separate statements to catch income and assets arising from fundraising for charitable purposes and how they are applied.

See separate paper prepared by Hornsby Sub-Branch.”

 

Brooklyn RSL sub-Branch

Agree

 

Lower North Coast District Council

We were unable to agree or disagree without reference to the SOP’s referred to but not yet available for consideration

 

Berowra RSL sub-Branch

Disagree

“Clause 5.2- Clause 5.1 does not prevent RSL NSW from making payments in good faith to any person (insert – or organisation).

Need to support existing Subsidiaries i.e. “”Youth Groups””, many of our local youth groups founded sub-Branches over 50 years ago and sub-Branch have continue to support the youth of our community in sport and citizenship and remembrance of Veterans and families. To abandon Youth Groups without warning that State Branch has removed donation subsidy of youth groups is unjustified t take away necessary funding which supports the youth in our community and future of our nation. We veterans should never turn away from youth of Australia as they are our future. The Constitution Committee needs to review how we include Youth Groups within the 2019 Constitution.

5.2 (b) – Payments as wages as a proper employee

5.2 (b) – Payments to Directors – Volunteers or limit. We believe the directors came from the RSL NSW Membership, out of pocket expenses only.

5.3 – As 5.2 above, delete the word line 2 “”providing benefits”””

 

New England District Council

Agree

 

Far Southern Metropolitan District Council

“5.2 Needs close watching & reports on annual basis

5.2(g) Could be abused

 

Castle Hill & District RSL sub-Branch

Amend Clause 5.1 (a) amend: “… the objects of the Charitable Purpose, ”.

 

Gunnedah RSL sub-Branch

Agree

 

Narrabri RSL sub-Branch

Agree

 

Werris Creek RSL sub-Branch

No Concerns

 

Eastern Metropolitan District Council

Agree

 

Terrigal Wamberal RSL sub-Branch

Agree

 

Toukley RSL sub-Branch

Agree

“Clause 5.2 (g) and Clause 10 need to be clarified

Clause 5.3 appears to be a repetition of 5.2 so delete it.

 

South Lake Macquarie RSL sub-Branch

Disagree

“Disagree in part -Too open, temptation is too great for the board to “look after their mates” or personally benefit. No records/minutes of State Branch have been put on the RSL NSW website since a meeting in July 2018.

Where are the procedures….

Reimbursement of out of pocket expenses is sound.”

 

Doyalson Wyee RSL sub-Branch

5.2 (g) renumeration for services as a Director should be deleted and clause 10 deleted also.

 

Blue Mountains District Council

Disagree

If there are more than just the charitable purpose activity for the RSL NSW

 

Bingara RSL sub-Branch

Agree

Bingara RSL Sub branch members agree with this BUT we think this area really needs to be scrutinised very closely.

 

Monaro & Far South Coast District Council

Disagree

As per attached

 

Northern Beaches District Council

Agree

 

Matraville RSL sub-Branch

Agree

 

Intra-Mural District Council

Agree

 

Riverina District Council

Disagree

5.2 Do not agree with remuneration to a Director and employees are usually on a wage so should not receive a remuneration.

 

Bondi Junction/Waverley RSL sub-Branch

Disagree

Delete clause 5.1(a) in its entirety.

 

Hunter Valley District Council

Agree

 

Bellinger River RSL sub-Branch

Agree

 

Queanbeyan RSL sub-Branch

5.2 (c) -insert a comma after “NSW”.

 

Sussex Inlet RSL sub-Branch

No further comment

 

Coogee Randwick Clovelly RSL sub-Branch

Agree

 

City of Bankstown RSL sub-Branch

Disagree

Change clause 5.1(a) entirely to “must be used appropriately in pursuit of its Charitable Purpose; and”

 

Davistown RSL sub-Branch

Agree

 

Ballina RSL sub-Branch

5.3 Could be subject to ever reoccurring contentious situations, to the point of requiring legal interpretation from time to time. I would suggest it be re-worded and written into a sub-clause of 5.1

 

Far South Western District Council

Agree

 

Central Coast District Council

“Too open, temptation is too great for the board to “look after their mates” or personally benefit. No records/minutes of State Branch have been put on the rslnsw website since a meeting in July 2018.

 

Where are the proceedures….

 

Reimbursement of out of pocket expenses is sound.

Clause 5.2 (g) and Clause 10 need to be clarified

Clause 5.3 appears to be a repetition of 5.2 so delete it.”

 

Maclean RSL sub-Branch

Agree

Para 5.1(a) says it all.

 

Brian Boughton, East Maitland RSL sub-Branch

“5.

Clause 5.1 does not prevent RSL NSW from making payments in good faith to any person including a person who is an RSL NSW Member if the payment is:

5.2.c.

a commercial rent for property used by RSL NSW which has the prior approval of the Board.

Isn’t this where we had problems in the first place with sub-Branches making payment for hall rental or is this now resolved?”

 

South West Rocks RSL sub-Branch

Agree

5.1 maintenance of building/meeting hall

 

Wagga Wagga RSL sub-Branch

Agree

 

FWMDC sub-Branch C.

Disagree

“5.1A DELETE

INSERT “”MUST BE USED APPROPRIATELY IN PURSUIT OF THE CHARITABLE PURPOSE.””

5.2G THE PROVISIONS OF CLAUSE 10 ONLY APPLY TO A DIRECTOR AND NOT AN EMPLOYEE OF RSL NSW”

 

FWMDC sub-Branch F.

Clause 5.1 Change “not-for-property entity” to “not-for property charitable entity”

 

FWMDC sub-Branch I.

Clarifying statements

 

Southern Metropolitan District Council

Disagree

Change clause 5.1(a) entirely to “must be used appropriately in pursuit of its Charitable Purpose; and”

Application of Income and Property - ANZAC House Response

Clause 5.1 (a) on the use of RSL NSW income and assets has been clarified.

Minor wording changes, and typographic errors corrected

Limited Liability

Forster Tuncurry RSL sub-Branch

Agree

 

Gloucester RSL sub-Branch

Agree

We agree with Sub Branches having a choice to remain as is or become a corporation in its own right. Not to be compulsory and they maintain the right to change their mind in the future.

 

Grafton RSL sub-Branch

Agree

 

City of Sydney RSL sub-Branch

Agree

 

Mosman RSL sub-Branch

Agree

 

Wyong RSL sub-Branch

Agree

If it does limit liability to $10

 

Cumberland RSL sub-Branch

Agree

 

Chatswood RSL sub-Branch

Agree

 

Hornsby RSL sub-Branch

Agree

 

Brooklyn RSL sub-Branch

Agree

 

Lower North Coast District Council

Agree

 

Berowra RSL sub-Branch

Agree

 

New England District Council

Agree

 

Far Southern Metropolitan District Council

6.1 Add Clause (c) If so RSL NSW Member/s and/or Employee/s of RSL NSW are found liable and this is the reason why RSL NSW is wound up, they will pay any debts & liabilities of RSL NSW and/or the costs associated with the winding up. No other RSL NSW Member will be forced to pay any costs associated with the winding up

 

Castle Hill & District RSL sub-Branch

Disagree

“Clause 9.5 expand

Clause 9.27. This clause gives complete authority without limit to the RSL NSW Board to intervene in the financial affairs of sub-Branches in pursuit of the Charitable Purpose, i.e. the application of funds, assets, trusts, donations, grants, bequeaths, etc.

9.26

Include: ‘’… Delegates (or Alternate Delegates) or District Presidents’ Council Members.’’

9.27 (a) replace: ‘’direct and administer RSL NSW for carrying out the Charitable Purpose’’

9.27 (b) amend: ‘’govern and regulate the responsibilities of sub-Branches in pursuit of the Charitable Purpose to the extent permitted by this Constitution and applicable laws.’’

9.27 (c) add: ‘and after direction with a documented business case.’”

 

Castle Hill & District RSL sub-Branch

Agree

 

Gunnedah RSL sub-Branch

Agree

 

Narrabri RSL sub-Branch

Agree

 

Werris Creek RSL sub-Branch

No Concerns

 

Eastern Metropolitan District Council

Agree

General agreement however three Sub-Branches believe that individual members should not have any liability and it should remain a liability against Sub-Branch Funds, Assets and income.

 

Terrigal Wamberal RSL sub-Branch

Agree

Notwithstanding that the intent of the Limited Liability is agreed, there is a question in our minds as to how such a plan could ever be implemented.

 

Toukley RSL sub-Branch

Disagree

Given the value of RSL Life Care, other assets, and the insurances held by RSL NSW is this Clause really necessary?

 

South Lake Macquarie RSL sub-Branch

Agree

 

Doyalson Wyee RSL sub-Branch

Agree

 

Blue Mountains District Council

Agree

 

Bingara RSL sub-Branch

Agree

 

Monaro & Far South Coast District Council

Agree

 

Matraville RSL sub-Branch

Disagree

Individual RSL NSW members should not have any such responsibility. Any liability should remain with the sub-Branch network of funds/assets/income.

 

Northern Beaches District Council

Agree

 

Intra-Mural District Council

Agree

 

Riverina District Council

Agree

 

Bondi Junction/Waverley RSL sub-Branch

Agree

 

Hunter Valley District Council

Agree

 

Bellinger River RSL sub-Branch

Agree

Clear and easy to understand.

 

Queanbeyan RSL sub-Branch

Page 6 6.1 – line 1 – after $1 O insert a comma: and Line 2 – unless there are compelling legal reasons delete the word “property” and insert “financial assets”.

 

Sussex Inlet RSL sub-Branch

This is a ‘winding up’ provision, but does RSL NSW want to address other limits to liability?

 

City of Bankstown RSL sub-Branch

Agree

 

Davistown RSL sub-Branch

Agree

 

Far South Western District Council

Agree

 

Central Coast District Council

“Notwithstanding that the intent of the Limited Liability is agreed, there is a question in our minds as to how such a plan could ever be implemented.

Given the value of RSL lifecare, other assets, and the insurance held by RSL NSW, is this clause really necessary?”

 

Maclean RSL sub-Branch

Agree

 

South West Rocks RSL sub-Branch

Agree

6.1 no liability to members

 

Wagga Wagga RSL sub-Branch

Agree

 

FWMDC sub-Branch D.

IF RSL NSW GOES BROKE – 6.1 Pointless how the hell do they expect to recover up to $10 from each member?  A more practical approach would be to seek for example $1,00 from each sub-Branch per 100 members, providing the branch has the adequate liquid funds.

 

Southern Metropolitan District Council

Agree

Amendments to the Constitution

Forster Tuncurry RSL sub-Branch

Agree

 

Gloucester RSL sub-Branch

Disagree

“We agree with what is stated but it falls short in detail and the following should be added from our current Constitution:

Paragraphs 15.1 to 15.7 inclusive

Remove the word “to” in clause 7.2

The intent and purpose of By Law 5 and of clause 14 of the Current Constitution to be included.

 

National should not be left out. They are the ones that should lobby Government on matters that concern the League. They must be supported. ”

 

Grafton RSL sub-Branch

Agree

 

City of Sydney RSL sub-Branch

We strongly disagree with 66% requirement to pass a resolution. It should remain at 75% for any resolution to amend of change the Constitution. Otherwise we agree with the other clauses covering Amendments to the Constitution

 

Mosman RSL sub-Branch

Disagree

“Clause 7: Wherever the term “general meeting” is used it must read

“General Meeting” so that it fits the definition of General Meeting in

Appendix A. That way a General Meeting can be called under Clause

8.10 at times other than the Annual General Meeting to amend the

Constitution.”

 

Wyong RSL sub-Branch

Agree

 

Cumberland RSL sub-Branch

Agree

 

Chatswood RSL sub-Branch

Agree

 

Hornsby RSL sub-Branch

Agree

 

Brooklyn RSL sub-Branch

Agree

 

Lower North Coast District Council

Agree

 

Berowra RSL sub-Branch

Agree

 

New England District Council

Agree

All but 1 sub-Branch agrees; “Perhaps should be 75%?”

 

Castle Hill & District RSL sub-Branch

Clause 7.1 General Meeting definition does not include Extraordinary Meetings as was held in 4 December 2018 for voting on the last draft constitution. Provision needs to be made to include special purpose general meetings as determined by the State Board and rules for amending the Constitution external to an AGM. In the current draft the Constitution may be amended only in an AGM.

 

Gunnedah RSL sub-Branch

Agree

 

Narrabri RSL sub-Branch

Agree

 

Werris Creek RSL sub-Branch

No Concerns

 

Eastern Metropolitan District Council

Disagree

7.1 Amendment to the Constitution should remain at 75% of delegates attending.

 

Terrigal Wamberal RSL sub-Branch

Agree

 

Toukley RSL sub-Branch

Disagree

“Why is it necessary to go above 51% – that is a majority.  Forget industry standards.

NOTE:  Anywhere throughout the document where a reference is made to a Majority the same comment applies.”

 

South Lake Macquarie RSL sub-Branch

Agree

 

Doyalson Wyee RSL sub-Branch

Agree

 

Blue Mountains District Council

Agree

 

Bingara RSL sub-Branch

Agree

 

Monaro & Far South Coast District Council

Agree

 

Northern Beaches District Council

Agree

 

Matraville RSL sub-Branch

Disagree

For consistency with corporations law, should be a 75% majority as is necessary for passing a special resolution.

 

Central Southern District Council

“Agenda committee to provide timely advice re motions not accepted to allow an opportunity to be re-submitted.

Will motions be required to be submitted via DC President’s? Would this provide an additional layer?

Applies to 20. below”

 

Intra-Mural District Council

Agree

 

Riverina District Council

Agree

 

Queanbeyan RSL sub-Branch

7.3 – line 3 – after “”the”” spell out ACNC and bracket that abbreviation.

Page 7 ”

 

Bondi Junction/Waverley RSL sub-Branch

Disagree

Does not include extraordinary or special meetings, there is a need to make provision for these.

 

Hunter Valley District Council

Disagree

66% is not two thirds, 66.6% is.

 

Bellinger River RSL sub-Branch

Agree

 

Sussex Inlet RSL sub-Branch

It is understood that it would be a 75%  (3/4) majority of delegates at a General Meeting needed to change the Constitution rather than 66% (2/3)

 

City of Bankstown RSL sub-Branch

Disagree

“Remove the word “to” in Clause 7.2

The intent and purpose of By-Law 5 and of Clause 14 of the current Constitution to be included.”

 

Davistown RSL sub-Branch

Agree

 

Byron Bay RSL sub-Branch

“11.2 REMOVE THE WORDS: “”and may be required by the Board to suspend RSL NSW membership without loss of membership continuity recognition, if held, for the period of employment of Chief Executive Officer”” REPLACE WITH: “”The Chief Executive Officer is not entitiled to exercise the voting rights of an RSL NSW Member whilst holding the position as Chief Executive Officer””  REMOVE FROM THE DRAFT CONSTITUTION 2019: I I. CHIEF EXECUTIVE OFFICER

11 . l The Board may appoint a person, other than a Director, to be the Chief Executive Officer of RSL NSW for the period and on terms, including as to remuneration, performance and functions as the Board determiiies.

11.2 The Chief Executive Officer is not entitled to exercise the voting rights of an RSL NSW Member whilst holding the position as Chief Executive Officer and may be required by the Board to suspend RSL NSW membership without loss of membership continuity recognition, if held, for the period of employment of Chief Executive Officer

11.3 The Chief Executive Officer is accountable to the Board and the Directors may, subject to the provisions of any contract between the person and RSL NSW

(a) define (ie Chief Executive Officer’s powers). fix their remuneration and duties and from time to time, vary any of the powers conferred: and or

(b) revoke that person’s appointment as Chief Executive Officer and appoint another person to that position.

11.4 The Directors may delegate to the Chief Executive Officer the power to conduct the day-today management and control of the business and affairs ofRSL NSW

11.5 The Chief Executive Officer will attend where possible all Board meetings and may be heard on any matter but will not have the right to vote.

Item 9-38 Remove; At each Directors meeting, the board will appoint either the President or one of the Elected Directors to chair the meetings, This appointment may be standing (ongoing) one.

New clause 9-38 to read;  At each Directors meeting, the board will appoint one of the Elected Directors to chair the meetings. This appointment may be standing (ongoing) one.  The President is not to be the Chair.

Item 9-4 (a) Reword as follows: The President shall be elected by all Service Members to hold the position of a President.  The President shall be appointed as a Director in accordance with the Electoral Procedure, But can not hold the position of “”Board Chairman””  The President may be Committee appointed, BUT not hold positions of Chair.

Definitions

President – Is elected by the members of the RSL ofNSW.

Consultation  draft

For circulation to RSL NSW sub-Branches  via District Councils (version date 11 June 2019)

  1. RSL NSW

1.1     The Returned and Services League of Australia (New South Wales Branch) is a corporation constituted  under the RSL NSW Act and is called The Returned and Services League of Australia (New South Wales Branch)or RSL NSW.

1.2     RSL NSW is a not-for-profit statutory corporation which was established, and continues to operate, as a charity.

1.3     RSL NSW is entitled to be and to remain a member of RSL National, and a part of the League as defined in the constitution of RSL National.

  1. DEFINITIONS

2.1      Defined terms used in this Constitution have the meaning set out in Appendix A.

  1. CHARITABLE PURPOSE

RSL NSW’s Charitable Purpose is:

3.1     providingassistance, care and relief for current and former members of the Australian Defence Force  and  their  families  who  are  suffering  from  physical  or  mental  ill  health,  social disadvantage and isolation, distress, poverty, homelessness or destitution including without limitation those who are elderly;

3.2     providing support and assistance for current and former members of the Australian Defence Force and their  families including  without limitation  to obtain compensation, benefits  and assistance  to which  they  are  entitled and  in  relation  to  all aspects  of  transitioning from military  service  to  civilian  life,  particularly  where  the  member  has  been  detrimentally affected by their service;

Consultation  draft

For  circulation  to  RSL  NSW  sub-Branches  via  District  Councils  (version  date  11  June 2019)

(a)        the President on causing reasonable notice to be given to each Director; or

(b)        any  other  Director  requesting  the  Company  Secretary  to  convene  a  Directors’ meeting in which case the Company Secretary  must convene a meeting at a time and place convenient to the majority of Directors.

9.37 Notice of a meeting may be given by any reasonable means of communication to each Director (provided however that the failure to give notice will not invalidate any decision or resolution made at the meeting).

9.38  At  each  Directors’  meeting,  the  Board  will  appoint  either  the President  or one of  the Elected Directorsto chair the meeting. This appointment may be a standing (ongoing) one.

9.39 Each Director has one vote and matters for decision by the Board will be determined by resolution passed by a majority of votes cast at the meeting. If the votes cast are equal, the chair will have a second and casting vote.  From the  “”New Draft RSL Constitutio n”” Definitions “”Charitable Purpose””

Item 3-1, 1        REMOVE the wording: “”provide assistance, care and relie[fgr discharged current and  former””

To Read

To Provide care and relief/or ex-service members of the Australian Defence Forces and Peace Keepers (and their families) who are suffering from physical or mental ill health, social disadvantage and isolation, distress, poverty, homelessness or destitution including without limitation those who

are elderly

Item 3-2,   Remove the words “”providing support and assistance for current and former”” To Read: To  Provide care and relief/or ex-service members of the Australian Defence Forces, Peace Keepers (and their families) including without limitation to obtain compensation, benefits and assistance to which they are entitled and in relation to all aspects of transitioning from military service to civilian life, particularly where the member has been detrimentally affected by their service.

Appendix A – Definitions and  Interpretations Add:

Peace Keepers – meaning being Australian Federal Police, Police and other Peace Keepers that meet the membership criteria of the RSL of Australia.        Consultation draft For circulation to RSL NSW sub-Branches via District Councils {version date 11 June 2019)

  1. RSL NSW

11       The Returned and Services League of Australia (New South Wales Branch) is a corporation constituted  under  the RSL NSW  Act  and  is  called  The  Returned  and  Services  League  of Australia (New South Wales Branch) or RSL NSW.

1.2      RSL NSW is a not-for-profit statutory corporation which was established, and continues to operate, as a charity.

1.3      RSL NSW is entitled to be and to remain a member of RSL National, and a part of the League as defined in the constitution of RSL National.

  1. DEFINITIONS

2.1      Defined terms used in this Constitution have the meaning set out in Appendix A.

  1. CHARITABLE PURPOSE RSL NSW’s Charitable Purpose is:

3.1      providing assistance, care and relief for current and former members of the Australian Defence Force  and  their  families   who  are  suffering  from  physical  or  mental  ill   health,  social disadvantage  and isolation, distress, poverty, homelessness or destitution including without limitation those who are elderly;

3.2      providing support and assistance for current and former members of the Australian Defence Force  and their  families  including  without  limitation  to  obtain  compensation,  benefits  and assistance  to  which  they  are  entitled  and  in  relation  to  all  aspects  of  transitioning  from military service to civilian life, particularly where the member has been detrimentally affected by their service;

 

Burwood RSL sub-Branch

Throughout we use “sub-Branch”. This is a solecism, except in headings where we use “Sub-Branch”.  Change the appellation to a defined term “Sub-branch” or “Sub-Branch”. 3rd paragraph uses “Events in the last few years”. This is very time limited and should not appear in that form.  “Events early in the 21st century”.

 

Far South Western District Council

Agree

 

Central Coast District Council

“Why is it necessary to go above 51% – that is a majority.  Forget industry standards.

NOTE:  Anywhere throughout the document where a reference is made to a Majority the same comment applies.”

 

Maclean RSL sub-Branch

Agree

 

South West Rocks RSL sub-Branch

Agree

More information required for a 66% vote instead of 75%

 

Wagga Wagga RSL sub-Branch

Agree

 

FWMDC sub-Branch C.

Disagree

“7.2 REMOVE THE WORD “”TO””

IT IS CONSIDERED THAT “”THE INTENT AND PURPOSE OF BY-LAW 5 AND OF CLAUSE 14 ARE OF THE CURRENT CONSTITUTION TO ALSO BE INCLUDED.”””

 

FWMDC sub-Branch E.

Disagree

7.1 – should the Constitution only be amended at an AGM.

 

FWMDC sub-Branch H.

7.1 Is the general meeting the same as the Annual Congress or are they two different meetings. If they are the same, then it needs to be annotated as such.

 

FWMDC sub-Branch I.

Agree

Clause 7.1 – Note members wishes of 66% of delegates to amend included – Existing constitution nominated 2/3rds of delegates

 

FWMDC sub-Branch J.

Agree

Should refer to State Congress General Meeting is too ambiguous.

 

Southern Metropolitan District Council

Disagree

Remove the word “to” in Clause 7.2

The intent and purpose of By-Law 5 and of Clause 14 of the current Constitution to be included.

Amendments to the Constitution - ANZAC House Response

Voting threshold for changes to the constitution clarified as ‘a Special Resolution’ which is now a defined term (“a greater than two-thirds majority”)

Minor wording changes, and typographic errors corrected

Members

Forster Tuncurry RSL sub-Branch

Disagree

“1.

A Sub-branch and its membership are part of RSL NSW not a separate Company and does not have a financial agreement and 8.6 should be reworded to state that an RSL NSW member abides by the Constitution of RSL NSW.

2.

That sub-clauses 8.6 (a) (i) (ii) and (iii) be deleted.

3.

8.6 (c) be reworded to delete the words “without limiting clause 8.6 (b)”

4.

8.7 gives the larger City Sub-branches an overwhelming majority on election. What are the Election Procedures? 8.7(b) The cost to remove a Director would not be cost effective under 9.21 where a Sub-branch instigating such a motion would need the address of all service members.

5.

8.8 failing which the Board shall determine the venue. Is superfluous wording.

6.

8.16 under Appendix C clause 3 [c] gives the Board the ultimate power to reject any motion it does not like. ”

 

Bass Hill RSL sub-Branch

“8.7

Each financial Service Member has the right to one vote:

To be a member one must be financial

 

Please consider the addition of

“”All members have equal status in RSL NSW.  Affiliate members will have restrictions placed on their membership as set out in Appendix B””

2nd sentence contradicts the 1st.”

 

Lower North Coast District Council

We noted that there was no mention of National Members in the proposed list of membership classifications

 

Gloucester RSL sub-Branch

Disagree

“Classes of membership should read;

Service Member

National Member as per current Constitution and National Constitution

Affiliate Member

Auxiliary Member

Women’s Auxiliary. Note this should be reinstated as per the wishes of the ladies. They had no say in the changing of the name at Sub Branch level.

Replace clause 8.8 with the first sentence of clause 21.3 in current constitution.

Clause 8.10 replace “addition to the Annual General Meeting” with

“With the exception of an Annual General Meeting”

Include 21.12 in the current constitution as a clause after 8.15 and before 8.16. ”

 

Grafton RSL sub-Branch

Agree

 

City of Sydney RSL sub-Branch

Agree

 

Mosman RSL sub-Branch

Disagree

“Clause 8.6 (c) delete the word “maintain” as Members cannot

individually do so.”

 

Wyong RSL sub-Branch

Agree

 

Cumberland RSL sub-Branch

Disagree

Does not include life members or honorary life members or life subscribers

 

Chatswood RSL sub-Branch

Agree

 

Hornsby RSL sub-Branch

Agree

“Clause 8.8: The role/purpose of the AGM and other General Meetings of Members should be stated here.

Clause 8.17: The role/purpose of the Congress should be stated here.

See separate paper prepared by Hornsby Sub-Branch.

Appendix B, clause 12 – Membership fees and renewal: We say that Sub-Branches should be free to set the actual amount of fees that members should pay to the Sub-Branch. The AGM should set “the amount of a capitation fee” that each Sub-Branch is required to pay to RSL NSW for each member.

Appendix B, clause 27(a) (and clause 13): “the due date” should be a defined term or a defined date. The present drafting is ambiguous and ineffective.

The due date could be say 31 March but a second date, a “drop dead date”, after which membership ceases, might be set at say 30 June?”

 

Brooklyn RSL sub-Branch

Disagree

THERE IS NO MENTION OF LIFE MEMBERS OR HONORARY MEMBERS BUT THESE ARE RECOGNISED IN PARA 23

 

New England District Council

Agree

One sub-Branch comments that “Life Members (and Life Sub-Subscribers) not recognized separately – lumped in with Service Members”.

 

Far Southern Metropolitan District Council

“8.7 Each financial Service Member has the right to one vote:

Please consider the addition of “”All members have equal status in RSL NSW.  Affiliate members will have restrictions placed on their membership as set out in  Appendix B”” 9.4(a) The President who will be elected by financial Service Members to hold the position of President ”

 

Castle Hill & District RSL sub-Branch

Agree

“Clause 8.3 (d) Delete: “(if any)”.

Clause 8.6 (c). Delete “maintain”.

Clause 8.8. Delete all after “failing which the Board” and insert “in consultation with the District Presidents’ Council shall determine the venue.”

 

Gunnedah RSL sub-Branch

Agree

 

Narrabri RSL sub-Branch

“8.2 We should retain “Associate Member” this caters for service members who have moved to another location and desire to stay a member of their original sub-Branch however they wish to stay involved with the League at their new location (No voting rights).

Same for specialised sub- Branches (e.g. Police, Merchant Seaman, Westpac) these S/B meet in the metro area, however the member may reside in a rural area and wishes to attend the local sub- Branch meetings as an associate member.   ”

 

Werris Creek RSL sub-Branch

8.2 Doesn’t include Associate membership. Is there a reason for this?

 

Eastern Metropolitan District Council

Agree

“8.2

Most agree with classes of membership but some believe that Auxiliaries should remain as a separate entity.

8.3

(c) There seem to be some ambiguous references to membership fees (if any) which need clarification.

 

 

Terrigal Wamberal RSL sub-Branch

Agree

 

Toukley RSL sub-Branch

Agree

Does RSL NSW have a current up to date membership register?  Again the figure of 66% for a majority  is questioned.

 

Doyalson Wyee RSL sub-Branch

Disagree

“8.2 I think that the associate member should remain as is and have the right to vote at sub-Branch of which they are associates. They may have moved out of the area that their primary sub-Branch was located, but they wish to remain faithful to their original sub-Branch. There is no mention if you accept affiliates that you cannot rescind the motion. Is this going to be the same if you accept Auxiliary members?

8.7 This can open to branch stacking”

 

The Entrance Long Jetty RSL sub-Branch

Disagree

What is an Auxiliary member? Annex B does not detail the requirements or criteria.

 

Blue Mountains District Council

Agree

 

Bingara RSL sub-Branch

Agree

 

Monaro & Far South Coast District Council

Agree

 

Northern Beaches District Council

Agree

 

Matraville RSL sub-Branch

Disagree

“8.6 (a) (iii) Delete as this is inappropriate and too onerous. There is no contract between individual RSL members.

 

8.7 Add (c) o read: “”on any other RSL NSW or sub-Branch matter”””

 

Central Southern District Council

“Class of Membership:  Definitions – Clause 8.2, 13.4(a), 13.9 – some contradiction that needs to be clarified.

Effect of dishonourable discharge from the ADF re-eligibility needs to be clarified.

 

Intra-Mural District Council

Disagree

“Cl 8.1 Add “in accordance with this Constitution and Delegate approval at AGM/Congress.”

 

Cl 8.7 (b) “on a Members…”

 

Cl 8.8 after “..the venue “ include “after consultation with the District

Presidents’ Council “”

 

Riverina District Council

Agree

 

Bondi Junction/Waverley RSL sub-Branch

Disagree

 

Hunter Valley District Council

Disagree

Clause 8.7 Should read “Each ‘financial’ Service Member.

 

Bellinger River RSL sub-Branch

Agree

Good to see Auxiliary Membership formalised in this document.

 

Queanbeyan RSL sub-Branch

Page 8 8.11 (a) – suggest delete “the” and insert “a”. An explanation of the required numbers is requested.                                                  8.15 – at the end of line 1 delete “-“. 8.16- line 2 delete “the”.

 

Sussex Inlet RSL sub-Branch

“Our sub-Branch have a number of Service Members whose main RSL sub-Branch is in Sydney but who would hold Associate Membership for our sub-Branch. There are rules around their fees, voting entitlements etc which already exist. Recommend there is a classification of Service Member which provides for Associate Members.

There is no provision for Life Subscriber, which is supported to phase out this classification.”

 

Coogee Randwick Clovelly RSL sub-Branch

Disagree

“Do not agree with the Auxiliary member.

Voting should be 75% 8.11.a”

 

City of Bankstown RSL sub-Branch

Disagree

“Clause 8.7(b) Add the word ”service” before the word “members”

Replace Clause 8.8 with the first sentence of Clause 21.3 in the current constitution.

Clause 8.9 the “3 Months’ notice of a General Meeting” specified in 8.9 is in conflict with Clause 6 of Appendix C which states 6 weeks’ notice .

Clause 8.10 Replace “In addition to the Annual General Meeting” with “With the exception of an Annual General Meeting”.

Include 21.12 in the current Constitution as a clause after 8.15 and before 8.16.”

 

Davistown RSL sub-Branch

Agree

 

Ballina RSL sub-Branch

“Comment

I object very strongly sub-clauses (b) and (c).

9.27 (b) provides for hierarchical bureaucracy, absolutely. It is insulting to the mostly genuine, intelligent sub-Branch officers elected democratically by their peers to act in the best interest of the RSL. their sub-Branch and its members as defined elsewhere in the constitution.

9.27 (c) is adequately covered for in Part 5 of this draft. Reiteration is confusing and in this case being listed again under “POWERS” implies subordinate, rather than cooperative management. Hierarchical subordinate style of management is highly undesirable, particularly in a volunteer atmosphere. This sub-clause is adequately covered in Part 5 and sub-clause (d) below.

(d)

make decisions and issue directions to ensure the responsible financial management of RSL NSW;

(e)

govern and regulate all matters relating to membership including admission, refusal to admit, renewal, refusal to renew, imposing conditions, waiver of conditions, eligibility, transfer, suspension, revocation and cancellation;

(f)

govern and regulate the rights and obligations of RSL NSW Members, Directors, District Council Delegates, District Councils, sub-Branches and sub-Branch executives and sub-Branch Trustees under this Constitution including matters relating to Disputes between any and each of them; and

(g)

regulate and determine the rights of RSL NSW Members, Directors, District Council Delegates, District Councils, District Council Executive, sub-Branches and sub-Branch Executives and sub-Branch Trustees in accordance with the Disciplinary Procedures in Appendix D.”

 

Far South Western District Council

Disagree

“8.2 Associate membership?

8.16 affiliate members – (illegible) role in sB’s

8.7 clarified from (??)

proxies …? votes”

 

Central Coast District Council

Disagree

“What is an Auxiliary member? Annex B does not detail the requirements or criteria.

Does RSL NSW have a current up to date membership register?  Again the figure of 66% for a majority  is questioned.”

 

Maclean RSL sub-Branch

Agree

 

Brian Boughton, East Maitland RSL sub-Branch

“8.

No mention is made of the following from the current constitution in the proposed constitution which are as follows:

(c)

a person who was a member of the Armed Forces of:

(i) any country presently or formerly a member of the Commonwealth;

(ii) any country or place presently or formerly a Crown Colony of the United Kingdom; or

(iii) the United States of America.

(d)

a person to whom clause 4.1(c) does not apply, but who has, in a theatre of conflict, either served with, supported or was otherwise engaged with the Australian Defence Force or the Armed Forces of those countries or places referred to in clause 4.1(c) above and who is an Australian citizen or a citizen of any of those countries or places;

(e)

a person who is an Australian citizen and who:

(i) was a member of the Armed Forces of another country or place which, during that time of conflict, was an ally of the Commonwealth; or

(ii) in a theatre of conflict either served with or supported or was otherwise engaged with the Armed Forces of such a country or place.

8.7

Each Service Member has the right to one vote which can be placed individually or through their sub-Branch

Voting – that each member has the option of the use of a College style voting system as is currently the case through there sub-Branch.”

 

South West Rocks RSL sub-Branch

Agree

“8.2 more info for Auxiliary members role

8.3 membership fees waived for members 90 years or older

8.6.iii needs more info for members

8.11 percentages needs more explanation

8.15 leadtime for meetings increased from 4 to 6 weeks notice”

 

Wagga Wagga RSL sub-Branch

Agree

 

FWMDC sub-Branch C.

Disagree

“8.6B REMOVE THE WORDS “ANY OPERATIONAL POLICIES AND PROCEDURES, ANY RESOLUTION OF THE BOARD”.

8.7B ADD THE WORD “SERVICE” BEFORE THE WORD “MEMBERS”

8.8 DELETE AND REPLACE WITH CLAUSE 21.3 OF THE CURRENT CONSTITUTION.

8.10 REMOVE THE WORDS “IN ADDITION TO THE” REPLACE WITH “WITH THE EXCEPTION OF AN.”

AFTER CLAUSE 8.15 AND BEFORE 8.16 “INCLUDE CLAUSE 21.12 FROM THE CURRENT CONSTITUTION.””

 

FWMDC sub-Branch D.

8.6 (i) What  are they going to post a copy of the Constitution to each individual Member, including a stamped addressed envelope with a certification for the member to return, stating he or she has confirmed a complete agreement to comply to the constitution. A more workable system would  be for any Member holding or taking an Executive  position on the sub-Branch to sign an agreement to comply  with the constitution  and send it into ANZAC House.

 

FWMDC sub-Branch F.

Disagree

“Para 8.6, sub para (b)

“agrees to be bound by, and to comply with this Constitution, any Operational Policies and Procedures,

A problem is that “Operational Policies and procedures” are set by the board, thereby giving the Board total control (e.g. By-Law 22 dated 3 Oct 2018,) this should be presented at a congress for ratification.

Appendix B, membership Para 4

“at which time the applicant will be requested to pay the current annual membership fee amount.” Does this mean that sub-Branches are not allowed to subsidise the membership fee?

 

Appendix B, Para 5

“Upon receipt of the membership fee, the sub-Branch or ANZAC House will enter the applicant’s details directly into the RSL NSW membership database,” As this reads sub-Branches will have access to the RSL NSW Database. If this is true it will cause Privacy and Security issues!

 

Appendix B, Para 17

1.

“Any person may apply to be an Auxiliary Member and be admitted as an Auxiliary Member of RSL NSW in accordance with the terms of this Appendix B.” In the past this was limited to females. Does this apply males as well?

Draft Constitution, Para 13.9

2.

“Each member of the sub-Branch Executive must be an RSL NSW Member attached to the sub-Branch and is to be elected by the Members of the sub-Branch in accordance with the procedures set out in the Election Procedures.”

We have concerns that the combination of the above two references, are badly worded. In that Auxiliary members will be able to be on the Executive of the sub-Branch. As the Auxiliary both local and state-wide, have their own Structure i.e., Auxiliary Executive and their own NSW Organisation (CCWA), this is not considered appropriate.”

 

FWMDC sub-Branch H.

“8.2 Why has Associate Membership been deleted?

We have a Member who is a Service Member of Parramatta but lives in the RSL Rowland Village at Galston. He retains his Membership at Parramatta but attends our Sub-Branch meetings as an Associate and has transferred his voting rights to Glenorie RSL sub-Branch.

8.7 Insert the words Currently Financial before Service Member

8.11 (a) add or at the end.

8.13 and 8.14 What constitutes 1 month – 28 days, 30 days or 31 days? We recommend change month to 4 weeks.”

 

FWMDC sub-Branch I.

Agree

“Clause 8.2 – National member deleted from existing clause 3.1– Auxiliary Member added “Auxiliary Member means any person who was a member of an RSL Auxiliary immediately before the Commencement Date” Schedule B referenced removes an Australian Defence Force cadet from the “Service Member” qualification and moves them to Affiliate Member category? Service membership under the existing constitution is preserved / saved

There is no mention of Associate Members. This was in the old By-Laws No.2 Clause 2 (a) – (e). Will By-Laws be included or replaced by the SOP’s”

 

Southern Metropolitan District Council

Disagree

Clause 8.7(b) Add the word ”service” before the word “members”

Replace Clause 8.8 with the first sentence of Clause 21.3 in the current constitution.

Clause 8.9 the “3 Months’ notice of a General Meeting” specified in 8.9 is in conflict with Clause 6 of Appendix C which states 6 weeks’ notice .

Clause 8.10 Replace “In addition to the Annual General Meeting” with “With the exception of an Annual General Meeting”.

Include 21.12 in the current Constitution as a clause after 8.15 and before 8.16.

Members - ANZAC House Response

Links to standard operating procedures included

Process for agreeing on a date and location for congress and for notifying members clarified

Process for sub-Branches submitting motions outlined explicitly

Threshold of District Presidents’ Council members required to force an extraordinary general meeting clarified as a Special Resolution (“a greater than two-thirds majority”)

Obligations of the board when face with a request for a general meeting under clause 8.13, and the rights of those making the request, have been expanded and clarified

Minor wording changes, and typographic errors corrected

RSL NSW Board of Directors

Forster Tuncurry RSL sub-Branch

Disagree

“1.

Under 9.20 RSL NSW is not a Company and the word “Company” should be deleted and replaced with “RSLNSW”

2.

Under 9.21 delete “on a motion for removal of a Director” is superfluous wording

3.

Under 9.27 (b) & (c) would mean that Sub-branch trustees could not even arrange for the ‘roll-over’ of a term deposit (if more than $5,000) without first having to obtain the consent of the RSL NSW Board

4.

Under 9.34 greater than 50% would indicate a minimum of 6 which should be the quorum. Also

5.

Delete (which excludes only those Directors currently on a leave of absence previously granted or Directors overseas) provided that the quorum must not be less than four.

6.

Under 9.36 RSL NSW is not a Company and the word “Company” should be deleted and replaced with “RSLNSW”

7.

Under 9.44 RSL NSW is not a Company and the word “Company” should be deleted and replaced with “RSLNSW””

 

Bass Hill RSL sub-Branch

“9.4(a)

The President who will be elected by financial Service Members to hold the position of President ……………………

 

To be a member one must be financial

9.27(e)

govern and regulate all matters relating to membership including admission, refusal to admit, renewal, refusal to renew, imposing conditions, waiver of conditions, eligibility, transfer, suspension, revocation and cancellation within the bounds of this constitution;

 

Clause 9.27 refers to Clause 9.26 which specifically mentions this Constitution:

9.44

The Company Secretary may send a resolution by email or other electronic means to the Directors and the Directors may vote on, or abstain from voting on, the resolution by sending a reply email or electronic communication indicating their vote or abstention

9.56

Where email is used for communications in particular where in

et al

it is stated that electronic communication is suitable for a Vote.

 

What and how will the records keeping process be.  Email messaging systems are NOT a records keeping system and the management , sentencing and disposal control of emails where they have been used to vote and or alter, update process or procedures of the NSW RSL needs to be in a system that properly records initial date, track any version history and provide objective evidence of who and when any changes were made etc.  This is procedural and not for the constitution however it needs to be in view and available from Day one to ensure all traceability of corporate value documents

 

Agree that the procedure is an operational matter, however it must be enabled by the Constitution

9.52

A contravention of the section does not invalidate any decision of the board.

 

A director can state a conflict of interest but still take part in the determination by the board because you say it does not matter if he breaks the rules a ‘little’!!

 

This has come up several times.  Suggest that the words “does not” be replaced with “may not necessarily”.”

 

Lower North Coast District Council

Disagree

We noted that the Board had to approve all financial transactions in excess of $5000.  This is onerous.  It is proposed that a general approval should be given to the shifting of Term Deposits between approved financial institutions so that optimum interest rate offers, often time limited, can be secured

 

Gloucester RSL sub-Branch

Disagree

“With the election of the Board members. (come from anywhere)

Seven of the Board Members should come equally from metropolitan and country areas.

Northern NSW District   2, Southern NSW District    2, Metropolitan NSW District 3

Delete 9.1 to 9.5 and replace with “The Board consists of the following ten (10) persons elected or appointed in accordance with the Constitution”

a)

Chairman (President), b)

Director (State Treasurer with required tertiary qualification), c)

A Director from each of the defined areas, a total of (7) as follows:

Three (3) Directors from Metropolitan District.

Two (2) Directors from Southern NSW District.

Two (2) Directors from Northern NSW District.

One (10 Independent Director to be appointed by the Board and ratified by a meeting of the District Council Presidents.

Delete Clause 9.9(a), 9.9(c) and 9.10

Clause9.15 delete words (“at least one(10 but no more than two (20”

Clause 9.16, 9.17 and 9.21(a delete word “council”.

Clause 9.21(a) and (b) replace 75% to 66% and add” to” those who are present and eligible to vote “.

Clause 9.24 last paragraph delete all words after 9.17

Delete clause 9.25.

Clause9.27(b) delete all words after the word “Law” and delete clause 9.27(c).

Delete Clause 9.29(a)(iii) and 9.29(f).

Change clause 9.34 delete unless the Board resolves otherwise ”and change word “four ”to six”.

Clause 9.37 delete all words after the word “Director”.

Delete Clause 9.52

At this time there should be only one Independent Director, this would satisfy the RSL NSW Act and allow an additional Service Member. Clarification is required on para 9.9 (a) as follows; Can a current Sub Branch Executive, trustee, District President, Executive or delegate, nominate for a board position whilst still holding any of the above positions? It needs to state they can but that they must resign from that position if they become a board member.”

 

Grafton RSL sub-Branch

Agree

“Agree with 9.1-9.7 & remainder of chapter 9

a new sub para to be added stating that Elected Directors are to be chosen from the following areas Metro 4, Northern 3 and Southern 3. Should there be insufficient qualified candidates these positions are to be filled by Independents to a maximum of 2”

 

City of Sydney RSL sub-Branch

“9.1 We disagree with the number of Directors. The number should be 10 which will include up to 2 Independent Directors. This should be clear within the constitution.

9.21(b) We disagree with the 66%. This should be 75% for all resolutions

9.43 The quorum should be changed to not be less than 6 Directors.

Otherwise we agree with the other clauses”

 

Mosman RSL sub-Branch

Disagree

“Clause 9.17 Query whether 28 days is sufficient time for the District President’s Council to meet and then inform the Board of their approval or not?

Clause 9 is devoted to the structure, election, the way meetings can been held etc of the Board and its Directors and talks about the power of the Board and thus Directors in administering RSL NSW but nowhere does it talk about the DUTIES of DIRECTORS. Surely they have the same DUTIES of any Director as in holding regular meetings with a minimum number per annum, keeping minutes, books and financial records, proper accounts, issuing an Annual Report including Financial

Statements to the shareholders i.e. the Members? Nowhere can we find such DUTIES. Some of those DUTIES include issue SOPs to District Councils, sub-Branches, training etc. It will be of extreme interest to have a proper accounting of expenditure by RSL NSW e.g. rent for ANZAC House, staff expenditure, plus income.

Clause 9.53 The Code of Conduct must have visibility and be approved by at least the District President’s Council if not the Presidents of the sub-Branches. This should be prominently displayed at Board meetings and perhaps be the driving ethos of the League and RSL NSW. General: The Board of RSL NSW must have responsibility of actioning motions duly passed at the AGM and Congress.”

 

Wyong RSL sub-Branch

Agree

Meets requirements of the Act

 

Cumberland RSL sub-Branch

Disagree

Section 9.36, 9.38, 9.39, 9.46

 

Lane Cove RSL sub-Branch

“9.26. Powers of the Board. These do not include Directors responsibilities (such as determine

strategy, monitor performance, manage risk, etc). We list the responsibilities of the Sub-Branch

Executive in Section 13.8 but not the Board or Directors. Such a list can be obtained from the AICD.

9.53. Code of Conduct. This needs to be approved by the members or the Congress not by the Board.”

 

Chatswood RSL sub-Branch

Agree

“Page 9 – c9.5: The current draft does not provide for the (improbable but not impossible) situation where no candidate with the requisite qualifications offers themselves, or is elected, to the Board.

Page 13 – c9.27[c]: Does this imply that RSL NSW will be in a position to “dictate” who can be the recipient of support in line with the Charitable Purpose, or specific a fixed percentage that must be made

available to specific organisations?

Page 16 – c9.53: Is a copy of the stated Code of Conduct available?”

 

Hornsby RSL sub-Branch

Agree

“At Clause 9.9(e) add a prohibition on a person having been subject to an adverse finding from a properly constituted Disciplinary Tribunal under Appendix D.

Clause 9.21(a): Amend 75% to become 66%. A percentage of 75% allows the total number of either entity comprising the “joint meeting” to negate the purpose of having a joint meeting and vote.”

 

Brooklyn RSL sub-Branch

Disagree

“THIS IS MOST DISAPPOINTING AND CONTENTIOUS PART OF THE PROPOSED

DRAFT. It appears that little or no notice has been taken of the feedback and recommendations from the NMDC workshop regarding the role of the board nor SVA recommendations on using more co-operative language and wording. From the rejection last December the League expects the Board to be supportive of the SBs and Councils and provide assistance to efforts. Not to force un negotiated, poorly developed or badly explained changes and regulations onto the Membership and SBs. This means that the language used In the Constitution regarding the role, responsibilities and functions of the

Board should be that it SUPPORTS, ASSISTS AND ADVISES rather than DIRECTS, COMMANDS AND CONTROLS SECTION 9 IS DEFICIENT AS FOLLOWS.

  1. IT COMPLETELY DISREGARDS LEAGUE FEEDBACK ON WHAT THE BOARD RESPONSIBILITIES AND FUNCTIONS SHOULD BE. THIS DRAFT FAILS TO RECTIFY THE SHORTCOMINGS IN MANAGEMENT PRACTICES IDENTIFIED IN THE BERGIN INQUIRY AND REFLECTED IN THE RSL NSW ACT 2018. THE DRAFT DOES NOT STATE OR MEET REQUIREMENTS OF THE ACT REGARDING RESPONSIBILITY TO HOLD REGULAR MEETINGS (FREQUENCY SHOULD BE STATED), KEEP PROPER ACCOUNTS AND

RECORDS AND IT DOES NOT STATE THE REQUIREMENT TO PROVIDE REGULAR REPORTS OF ACTIONS AND DECISIONS AS MADE.

  1. IT DOES NOT STATE THE REQUIREMENT TO PROVIDE FINANCIAL REPORTS ON EXPENDITURE.
  2. IT DOES NOT STATE THE REQUIREMENT TO SEEK APPROVAL FOR PROPOSED EXPENDITURE OR PROVISION OF BUSINESS CASES TO SUPPORT PROPOSED EXPENDITURE.
  3. IT MAKES NO REFERENCE TO THE REQUIRED ANNUAL REPORT OR ACCESS TO IT AND INCLUDED FINANCIAL STATEMENTS AND REPORTS AS REQUIRED IN PART 3 OF THE RSL NSW ACT No 48 OF 2018.
  4. THERE IS NO CLEAR STATEMENT IN THE DRAFT COVERING THE BOARD’S BUDGET AND/OR ITS APPROVAL PROCESS.
  5. THE DRAFT SPECIFIES THAT SBS, COUNCILS AND COMMITTEES SHALL HOLD REGULAR MEETINGS, PUBLISH MINUTES, ESTABLISH BUDGETS AND REPORT FINANCIAL EXPENDITURES ETC. AND BE SUBJECT TO AUDIT BY A QUALIFIED AUDITOR. NONE OF THESE REQUIREMENTS APPEAR TO HAVE BEEN APPLIED TO THE BOARD AND ITS OPERATIONS. THIS IS UNACCEPTABLE AS IS THE CONTINUING REFUSAL OF THE BOARD TO PUBLISH MINUTES OR FINANCIAL EXPENDITURE DETAILS, OR DIRECTORS EXPENSES. THE DRAFT ALLOWS THE BOARD TO MEET AS AND WHEN IT FEELS LIKE (9.33) AND THERE IS NO REPORTING REQUIREMENT WHATSOEVER. THE BOARD MUST COMPLY WITH THE CORPORATIONS ACT 2001 (CTH.) REGARDING TRANSPARENCY AND GOVERNANCE REPORTING AND THESE REQUIREMENTS MUST BE REFLECTED, OR AT LEAST REFERRED TO IN THE CONSTITUTION.
  6. SIMILARLY, DUTIES AND RESPONSIBILITIES OF DIRECTORS AND THEIR FIDUCIARY RESPONSIBILITIES TO MEET THE CORPORATIONS ACT 2001 (COMMONWEALTH) SHOULD BE INCLUDED.
  7. PARA 9.1 REMOVES REGIONAL REPRESENTATION FROM BOARD

DUTIES BUT NO EXPLANATION OR JUSTIFICATION FOR THIS HAS BEEN

PROVIDED. SUPPORT IS THEREFORE WITHHELD PENDING RECEIPT OF

AN ACCEPTABLE RESPONSE.

  1. PARA 9.5.3 – CODE OF CONDUCT

THE PARAGRAPH INFERS THAT THE BOARD CAN APPROVE ITS OWN

CODE OF CONDUCT WITHOUT MEMBER INVOLVEMENT. THE CODE OF

CONDUCT SHOULD BE SUBJECT TO REVIEW AND ENDORSEMENT BY

THE MEMBERS AT EACH AGM.

  1. PARAS 9.10 AND 9.14 – WORDING IS CONFUSING AND OBSCURE.

SIMPLIFICATION AND CLARITY IS REQUIRED.

  1. THERE IS NO REQUIREMENT FOR THE BOARD TO ACTION MOTIONS

OR REPORT PROGRESS FOR MOTIONS THAT ARE APPROVED AT THE

ANNUAL CONGRESS AND THE DRAFT THUS ALLOWS THE BOARD TO

(CONTINUE) TO ABDICATE ITS RESPONSIBILITY.

  1. THERE IS NO REQUIREMENT STATED FOR THE BOARD TO OPERATE

CO-OPERATIVELY WITH THE DISTRICT COUNCILS AND RECOMMENDED

DEVOLVEMENT OF RESPONSIBILITIES AND APPROVALS TO THE

DISTRICT COUNCILS IS NOT ADDRESSED. THERE SHOULD BE

ENDORSEMENT OF SOPs AT STATE CONGRESS AND AMENDMENT

PROCESSES EXPLAINED.

  1. PARA 9.21 REQUIRES A 75% MAJORITY TO REMOVE A DIRECTOR –

THIS IS IMPOSSIBLE TO ACHIEVE WITHOUT AT LEAST ONE DIRECTOR

VOTING AGAINST A FELLOW DIRECTOR AND ALL 23 DC PRESIDENTS

BEING IN AGREEMENT OR WITHOUT ABSTENTIONS. THE REQUIREMENT

SHOULD BE 66% AS IS THE NORM ELSEWHERE.

  1. PARA 9.28 ISSUE OF REGS ETC. SUCH THINGS SHOULD BE

PROPERLY REVIEWED BY DISTRICT COUNCILS BEFORE BEING

ARBITRARILY ISSUED WITHOUT DISCUSSION AND UNDERSTANDING

EFFECT AND IMPACT.”

 

Berowra RSL sub-Branch

Agree

“9.13 (d) line 1 – Add after Director “”of RSL NSW”” (Clarification)

9.24 (c) line 3 – Remove “”and”””

 

New England District Council

Agree

“One sub-Branch agrees but believes that:

9.5 A tertiary qualification in economics (either macro or micro) does not necessarily translate to expertise in accounting or finance, and therefore does not qualify one to be chair of a finance committee.  Recommend deleting the reference to qualifications in economics.

 

One sub-Branch disagrees: “Section 9.34, Only “greater than 50% need for Quorum – should be higher”.”

 

Narromine RSL sub-Branch

“Clause 9.27 (b), (c) and (f) all contain very strong words and powers of direction by the Board which could be interpreted as control over Sub-Branches and their assets and funds even though the sub-branch may be complying with the Charitable Purpose legislation and regulation. In raising issues about this particular clause, we refer to the words contained in Clause 12.31 (d) which state that sub-Branches may –  “invest such money or funds in any way which the sub-Branch resolves to further the Charitable Purpose”.

Clause 9.29 states that – “the Board may delegate any of its powers.” Our sub-Branch has great concern with those powers being delegated to a single person and especially to a single employee of RSL NSW as in (d). Whilst we agree that some of the powers may be delegated, the use of the word any is what concerns us.

Clause 9.50  – In relation to a Director who has disclosed an interest, our sub-Branch believe that the words “unless the Board otherwise determines” must be removed because the presence of a Director who has disclosed a conflict of interest can influence full debate and open discussion by the other Board members because of the very fact of their presence in the room.  ”

 

Far Southern Metropolitan District Council

“9.27(e) govern and regulate all matters relating to membership including admission, refusal to admit, renewal, refusal to renew, imposing conditions, waiver of conditions, eligibility, transfer, suspension, revocation and cancellation within the bounds of this constitution;

9.44 The Company Secretary may send a resolution by email or other electronic means to the Directors and the Directors may vote on, or abstain from voting on, the resolution by sending a reply email or electronic communication indicating their vote or abstention

9.56 et al Where email is used for communications in particular where in it is stated that electronic communication is suitable for a Vote. What and how will the records keeping process be.  Email messaging systems are NOT a records keeping system and the management , sentencing and disposal control of emails where they have been used to vote and or alter, update process or procedures of the NSW RSL needs to be in a system that properly records initial date, track any version history and provide objective evidence of who and when any changes were made etc.  This is procedural and not for the constitution however it needs to be in view and available from Day one to ensure all traceability of corporate value documents.

9.52 A contravention of the section does not invalidate any decision of the board.  A director can state a conflict of interest but still take part in the determination by the board because you say it does not matter if he breaks the rules a ‘little’!! 9.25 Would like “any steps necessary” explained.

9.53 Who writes “code of conduct”? 10.0 Should be voluntary.  If remuneration is paid, NO out-of-pocket-expenses should be paid. They should be included.  This is a charity.  Why should we pay someone to do the job when others were doing it for love & out-of-pocket expenses? 12. I feel there is a need for a closer look at Districts Committee Level regarding raising & administration of funds.  The use of ‘may’ in many of the sections is questionable. 13.9 As stated above.  Clarity required here as we will often meet with political members of parliament and such in advocating for good as well as when working with grants committees and the like.  Define a political meeting so it does not tie our hands as well as removing the conflict with clause 3.5(a).           ”

 

Castle Hill & District RSL sub-Branch

Disagree

“Clauses 8.7(a) and 9.5. Delete clauses 8.7 (a) and 9.5 and insert clauses 8.7 (a) and 9.5.

Clause 8.7 (a) requires members to vote for a president and directors and Clause 9.5 stipulates that one elected director must have financial qualifications in order to be Treasurer. These requirements could be in conflict and lead to an unbalanced result. Therefore, separate ballots are required for the President, Treasurer and Directors.

Clause 9.17. Amend time period to 60 days in order to allow the District President’s Council to conduct due diligence. Add at the end: ”The appointment of an Independent Director is provisional until the expiry of 60 days or on the decision of a veto by the District President’s Council.”

Clause 9.25. The method of restoring a quorum of Directors needs to be detailed, particularly if an election cannot be called. The District President’s Council could provisionally endorse the minimum number of Directors until an election is arranged.

Clause 9.52. Delete and replace with: “On the determination of a conflict of interest by either the State Board or District President’s Council, any decision by the State Board affected by the person with a conflict of interest is invalid. If the conflict of interest is disputed, the dispute is to be managed as per Annex D. Conflicts of interest includes not only Directors, but also any person providing advice on decisions to the Board.”

The blanket exemption of Board decisions in the case of a conflict of interest is unacceptable under any measure of due process and integrity. If it is revealed that there was a conflict of interest associated with a decision, the decision must be invalidated and the membership advised, as well as a course of action to remediate the decision.

Insert Clause 9.46. ‘’Board meetings shall be recorded by written Minutes that will be authorised by the Chair and Secretary and the draft distributed to the District President’s Council, excluding issues affecting named persons or commercial interests.’’

Clause 9.53. Delete and replace: “The Board must adopt and adhere to a Code of Conduct reflecting corporate best practice. The Code of Conduct will be presented at the RSL NSW AGM and the District President’s Council will have 60 days from tabling at the AGM to submit objections to the Code of Conduct. The relevant clauses in dispute will not be adopted until resolved.”

The overall culture of the Board needs to change from one of command and control of sub-Branches as business subsidiaries, to one of supporting and empowering sub-Branches to achieve the objects of the Charitable Purpose in partnership with local communities. ”

 

Gunnedah RSL sub-Branch

Agree

However one member stated that the Tenure held by a Director is too long, and who checks on Directors and elected candidates?

 

Narrabri RSL sub-Branch

Agree

 

Werris Creek RSL sub-Branch

“9.8

(a) Instead of “successfully complete a governance training course” we believe it should be “prepared to and undertake a governance course” Insert “or” between b and c.

We’re not all academics. Second part would cover those who may fail the course initially.

9.8(b) How, who evaluates who is “a fit and proper person”

9.9 (a) Disagree: This will exclude a lot of competent people. Most people in life hold more than one position in differing organisations and still do it well. Many sub-branch and District Council Delegates are in touch with membership and would have great input into the decision making at Board level.

9.27 (b) agree with the intent however would like legal clarification on RSL Clubs as sub-branch property. Especially as the sub-branch may only have 2 directors on the club board and clubs are generally run as a business.

9.27 (f) doesn’t appear to read right to us. Disputes between “any and each”? Perhaps “any or either”?

9.32 Appears to override previous clause initial intent 9.29 (f)?

9.38 Disagree with: All organisations we have been involved in either have members or boards elect the President/Chairman and he or she chair all meetings unless they are unable or unwilling to do so. Then the board elects somebody to chair.

Disagree with casting vote: Again, most organisations have if the vote is equal it is declared lost. President should chair a meeting, not take sides.

9.50 Disagree: This has just been revised and released by Government body (now defunct OLG), regarding “pecuniary interests”. Respectfully suggest as a charitable and “board” run organisation we adapt those rules.”

 

Eastern Metropolitan District Council

Disagree

“9.1 No of members on the Board should be the maximum .i.e. 10.

 

Independent Directors must be truly independent and not have previous RSL or military connections.”

 

Terrigal Wamberal RSL sub-Branch

Agree

 

Toukley RSL sub-Branch

Disagree

“Why cannot a Sub-branch Executive, Trustee etc., be elected as a State Director? Clauses 9.9(a)

What checks will be carried out to ensure that a future director has the qualifications and skills to meet the requirements of the position of director?

Does a reference to a “Fit and Proper Person” & “possess & demonstrate a level of appropriate training &c.,” or similar wording leave the door open for “Jobs for the boys”?

Clause 9.15 Delete the words “an independent executive recruitment agency” and insert in lieu the words “a peer professional association”.

Clause 9.21 why is the percentage being changed from the 66% used elsewhere.  Do not accept 75%.  See earlier comments re 51%.

Clause 9.29 It is employees in the past that may not have done their tasks correctly so why should they now be able to have tasks of the Board delegated to them.  Delete the references to “employees”

Clause 9.31 Delete “may not” and insert “cannot”

Clause 9.37 Delete after the word “Director” otherwise there is provision for manipulating outcomes.

Clause 9.50 Delete the words “unless the… determines”.

Clause 9.50 (a) Amend “or” to “and”.

Clause 9.51 appears to be a duplication of 9.50 so delete.  If it is not then rewrite to explain what is to happen.

Clause 9.52 Delete the words “ does not invalidate “ and insert “ invalidates”.”

 

South Lake Macquarie RSL sub-Branch

Disagree

9.1 need to specify exact number. Non-discretionary. Open to board stacking.

 

Doyalson Wyee RSL sub-Branch

Disagree

“9.2 The amount of money that RSL HQ is spending, I think to pay 2 independent directors is a waste of money

9.9 (c) should be limited to 6 years the same as the District Council Presidents

9.19 3 years for independents is sufficient”

 

The Entrance Long Jetty RSL sub-Branch

Disagree

“A. Who determines who is a suitable Director?

  1. Why do they not have to do the Director’s Course now? Should be compulsory for an organisation of the RSL’s size.”

 

Blue Mountains District Council

Disagree

“yes

Delete 9.1 to 9.5 and replaced with “The Board consists of the following ten (10) persons elected or appointed in accordance with the constitution”

 

  1. a) Chairman (President)

 

  1. b) Director (State Treasurer with the required tertiary qualification)

 

  1. c) A Director from each of the defined areas, a total seven (7) as follows

i Three (3) Directors from Metropolitan District

ii Two (2) Directors from Southern NSW District

iii Two (2) Directors from Northern NSW District

 

  1. d) One (1) Independent Director to be appointed by the Board and ratified by a meeting of the District Council Presidents.

Delete Clause 9.9(a), 9.9(c) and 9.10

Clause 9.15 Delete words (“at least one (1) but no more two (2)”)

Clause 9.16, 9.17 and 9.21(a) Delete word “Council”.

Clause 9.21(a) and (b) Replace 75% to 66% and add “to those who are present and eligible to vote”.

Clause 9.24 Last paragraph Delete all words after 9.17

Delete Clause 9.25

Clause 9.27(b) Delete all words after the word “law” and delete Clause 9.27(c).

Delete Clause 9.29 (a)(iii) and 9.29(f)

Change Clause 9.34 Delete “Unless the Board resolves otherwise” and change word “four” to “six”.

Clause 9.37 Delete all words after the word “Director”’

Delete Clause 9.52 ”

 

Bingara RSL sub-Branch

Agree

“What would be the selection criteria for the Independent Director?

How independent will they be on their decision making?

Feel there needs to be more clarification on this.  ”

 

Monaro & Far South Coast District Council

Disagree

Replace Clause 9 with Rockdale Clause 16

 

Northern Beaches District Council

Disagree

“Remove clause 9.27(b) and 9.27(c) in their entirety. Responsibilities of sub-Branches to RSL NSW are sufficiently covered under Item 13; Sub-Branches. The over emphasis of the controls by the Board could raise concerns unnecessarily.

Clause 9.38 has been redrafted to ensure State President is not the Board Chair. Workload and the potential for a conflict of interest being the main concerns.  ”

 

Matraville RSL sub-Branch

Disagree

9.27 (c) insert “at a local level but not to repatriate funds to RSL NSW”

 

Central Southern District Council

“Directors –

1.

Election of:     Clauses 9.9 & 9.11 about the election of Directors and Appendix C paragraph 6, which also mentions elections for Directors, appear to contradict each other. Suggest this be clarified/resolved.

2.

Elections:  Preferential or first past the post – needs to be clearly elucidated.”

 

Intra-Mural District Council

Disagree

“The Board

Clarification is necessary on whether there should be a separate

election for the position as Treasurer (Chair of Finance Committee). If

no separate election, there may not be an elected Director with the

necessary qualifications, knowledge, skills etc to chair the finance

committee.

Cl 9.5 line 3 “ position of Chair ..”

Cl 9.9 (g) last line “ a Fit and Proper Person..”

Cl 9.13 (i) lines 3 & 4 “ be a Fit and Proper Person..”

Cl 9.21 (a) Why is there a need for 75% majority, compared to 66%

elsewhere?

Cl 9.22 (b) A serious illness would not allow prior consent of the Board

Cl 9.24 (b) A serious illness would not allow prior consent of the Board

Cl 9.27 (f) line 2 include after District Councils “ District Council

Executive”

Cl 9.37 Failure to provide notice, resulting in the absence of a

Director/s, may result in an improper decision or resolution

Cl 9.39 line 3 “Chair”

Cl 9.47 include after “standing” the word ” (ongoing) ”

Cl 9.52 Does this allow a Director who has a disclosed interest to be

able to vote – contrary to Cl 9.51 (b)?”

 

Riverina District Council

Disagree

“9.1 There should be a specific number for the Board and not either/or, e.g. 7 or 9 (odd number preferably).

9.2 There should be a specific number of Independent Directors instead of either/or, e.g. two Independent Directors appointed at all times. Then pt 9.5 might need altering. Pt 9.24 (c) also indicates that only one Independent Director at any one time on the Board.

9.6 The word “may” is uncertain and the word could be changed to “should” a definitive statement for the appointment of a Director as Deputy President (or should this be Vice President – to be consistent with the District Councils and sub-Branches).

9.34 States that the quorum should not be less than four. Shouldn’t this be an odd number, e.g. 3 or 5.

9.39 States each Director has one vote. Does that include the Independent Directors who are non-RSL members and are Board Directors for their expertise? The Independent Directors should probably not vote on RSL NSW matters.”

 

Bondi Junction/Waverley RSL sub-Branch

Disagree

“The number of the board should be specific to ensure the composition of it remains the

same at ten allowing the appointment of two independent directors or eight with the

appointment of one independent director.

The State Treasurer should have specific qualifications into accountancy or similar.

The composition of the board should include, if ten, three directors from the metropolitan

district; two from Southern District and two from the Northern District, to ensure a

representation from the State sub-Branches.”

 

Hunter Valley District Council

Disagree

There is no provision in Clause 9, for Regional representation on the Board. This is considered essential, so that the member’s voices in the bush are heard.

 

Bellinger River RSL sub-Branch

Disagree

The board doesn’t have any specified regional representation. We feel that with our ‘one person one vote’, construct it will be possible, due to the branches membership distribution weighted to metropolitan areas for the board to become urban centric. We feel that two places on the Board should be allocated for regional/rural members.

 

Queanbeyan RSL sub-Branch

Page9 9.5 – line 3 – we believe a more appropriate word than “professions” is the word “disciplines”. 9.9 (a) – our sub-Branch requests an explanation be given for this restriction. 9.10 – same request as for 9.9 (a).                                                                                          Page 11 9.18 (d) – end of line 1 does “9.8-9.1 O” include 9.9? Page 12 The same question applies to 9.19 (d) i.e. does 9.12-9.14 include 9.13? 9.22 (a) – similar questions as the two questions immediately above. 9.23 – line 2 – different spacing to the above three (3) issues: i.e. 9.8 – 9.10.           Page 13 9.24 -second last line. What is the purpose of”-“? Is the stroke a typo or the “and” is an error? This matter needs clarification and correction. 9.25 -line 1 -delete the word “above”. Page 14 9.28 (a) includes the word “notices” -which should be included in the DEFINITIONS. 9.30 (b) -add “and” at the end. 9.30 (c) -line 2 -suggest delete the word “time” and insert “period”.                          Page 15 9.37 -we suggest this clause be reviewed. The circumstances could arise where a director, for any reason, is unpopular and that director is not given notice of a meeting when the actions causing the dissent will be discussed.

 

Sussex Inlet RSL sub-Branch

“Member voting rights for Elected Directors is supported.

Clause 9.5 recommended to require the Director to have appropriate current professional accreditation to ensure that they are up to date with all aspects of finance and accounting. Often Boards have to endure someone why is out of date with their understanding of current legislation and regulations which causes difficulty with other members of the Board and Auditors, wasting time and money.

Clause 9.21 removal of Directors is supported, in particular the role of the District Presidents Council in strengthening accountability of Directors to Membership.

Clause 9.27 (b) recommend ensure the sub-Branches are furthering the Charitable Purpose under the RSL NSW Charter regardless of whether there is Property.”

 

City of Bankstown RSL sub-Branch

Disagree

“Delete 9.1 to 9.5 and replaced with “The Board consists of the following ten (10) persons elected or appointed in accordance with the constitution”

a)Chairman (President)

b)Director (State Treasurer with the required tertiary qualification)

c)A Director from each of the defined areas, a total seven (7)as follows

i Three (3) Directors from Metropolitan District

ii Two (2) Directors from Southern NSW District

iii Two (2) Directors from Northern NSW District

d)One (1) Independent Director to be appointed by the Board and ratified by a meeting of the District Council Presidents.

Delete Clause 9.9(a), 9.9(c) and 9.10

Clause 9.15 Delete words (“at least one (1) but no more two (2)”)

Clause 9.16, 9.17 and 9.21(a) Delete word “Council”.

Clause 9.21(a) and (b) Replace 75% to 66% and add after the word of “those who are present and eligible to vote”.

Clause 9.24 Last paragraph Delete all words after 9.17

Delete Clause 9.25

Clause 9.27(b) Delete all words after the word “law” and delete Clause 9.27(c).

Clause 9.28 After the figures “9.26” add the words “and subject to Clause 7.4”

Delete Clause 9.29 (a)(iii) and 9.29(f)

Change Clause 9.34 Delete “Unless the Board resolves otherwise” and change word “four” to “six”.

Clause 9.37 Delete all words after the word “Director”.

Delete Clause 9.52.”

 

Northern Metropolitan District Council

Disagree

“1. Where does the Board Charter sit in relation to this draft?

  1. The Board Charter came out of left field and appears to have been

totally excluded from any mention in the latest draft. What is the

potential conflict of interest in the Board approving its own Charter

without reference to any other body or its members?

  1. Board roles and responsibilities are not clear and appear incomplete.

Obvious one is no mention of strategic planning or risk management

function? A required (minimum) frequency of Board meetings should

be stated.

  1. The Board must be responsible to ensure the necessary action is

taken to progress motions passed at Congress giving the

best chance for a successful outcome and that action, progress and

outcome be reported accordingly to the originator and part of a full

report on all motion at the next Congress””

  1. No mention of the Boards responsibilities under the Corporations Act

2001, particularly in transparency and fiduciary reporting

requirements. Does this draft rectify the shortcomings on Board

performance identified in the Bergin Report?

  1. 9.21 Removal of Directors – somewhere in this clause it should

mention “just cause” as removal needs to have some reason or

justification.

  1. 9.21(a) Removal of Directors – amend the resolution majority from

75% to 66% to bring into line with other key decision processes within

the Draft.

  1. 9.33 Meeting Frequency – a minimum expectation of number of times

the Board needs to meet should be specified. A minimum of twice to

at least satisfy its obligation regarding 12.46, joint meetings with

District Presidents Council. Notwithstanding that the current clause is

a total double standard as minimum expectations are applied to

District Councils, District Presidents Council and sub-Branches.”

 

Davistown RSL sub-Branch

Agree

 

Far South Western District Council

Disagree

“9.3 independence of independent director

9.16-9.17 (illegible) appointment”

 

Central Coast District Council

Disagree

“A. Who determines who is a suitable Director?

  1. Why do they not have to do the Director’s Course now? Should be compulsory for an organisation of the RSL’s size.
  2. We agree with the policy. However there needs to be consideration given as to what course of action needs to be taken in the event that the AGM rejects the remuneration proposal.

9.1 need to specify exact number. Non-discretionary. Open to board stacking.

Why cannot a Sub-branch Executive, Trustee etc., be elected as a State Director? Clauses 9.9(a)

What checks will be carried out to ensure that a future director has the qualifications and skills to meet the requirements of the position of director?

Does a reference to a “Fit and Proper Person” & “possess & demonstrate a level of appropriate training &c.,” or similar wording leave the door open for “Jobs for the boys”?

 

Clause 9.15 Delete the words “an independent executive recruitment agency” and insert in lieu the words “a peer professional association”.

Clause 9.21 why is the percentage being changed from the 66% used elsewhere.  Do not accept 75%.  See earlier comments re 51%.

Clause 9.29 It is employees in the past that may not have done their tasks correctly so why should they now be able to have tasks of the Board delegated to them.  Delete the references to “employees”

Clause 9.31 Delete “may not” and insert “cannot”

Clause 9.37 Delete after the word “Director” otherwise there is provision for manipulating outcomes.

Clause 9.50 Delete the words “unless the… determines”.

Clause 9.50 (a) Amend “or” to “and”.

Clause 9.51 appears to be a duplication of 9.50 so delete.  If it is not then rewrite to explain what is to happen.

Clause 9.52 Delete the words “ does not invalidate “ and insert “ invalidates”.”

 

Maclean RSL sub-Branch

Agree

 

Brian Boughton, East Maitland RSL sub-Branch

“9.

There is no consideration given in the new proposed constitution for delegates to come from regional areas and consequently possibly no representation.  This I believe is a substantial oversight or is it planned this way?

9.9

To hold office as an Elected Director, a person must not:

(a)

be a sub-Branch Executive, sub-Branch Trustee, District Council President or Executive or a District Council Delegate;  I don’t believe that this requirement should be assigned?

9.19

It is going to be extremely difficult to get rid of a director if they aren’t fulfilling their duties or if they are unsuitable?  What about also a precondition in respect to attendance at meetings?

9.25

Directors may act to take any steps necessary to increase the number of Directors to the number required to constitute a quorum and/or for calling a general meeting, but for no other purpose?  I have some reservations in respect to the words “take any steps necessary” as if could lead to stacking of the board?”

 

South West Rocks RSL sub-Branch

Agree

“9.2 more info required on independent directors criteria

9.6 why is deputy president necessary

9.9 what is procedure if no directors are forthcoming

9.12 what are the appropriate skills required

9.13 could be simplified so ordinary members can understand

9.14 confusing clashes with 9.13

9.15 again criteria confusing requires more clear definitions

9.21 why not 75%

9.27c delete property, income, assets

9.29d more detail required conflict of interest”

 

Wagga Wagga RSL sub-Branch

Disagree

9.37, 9.44, 9.58 Clarification required

 

FWMDC sub-Branch A.

“9.14 … Delete ….”An additional 5 Year period does not aid the League in developing a changing profile with younger personnel”

9.27 (b) & (c)… Needs to indicate under what situation this would occur as the guidelines would already exist”.”

 

FWMDC sub-Branch C.

Disagree

“DELETE 9.1 TO 9.5 AND REPLACED WITH “”THE BOARD CONSISTS OF THE FOLLOWING TEN (10) PERSONS ELECTED OR APPOINTED   IN ACCORDANCE WITH THE CONSTITUTION””

  1. A) CHAIRMAN (PRESIDENT)
  2. B) DIRECTOR (STATE TREASURER WITH    THE   REQUIRED   TERTIARY QUALIFICATION)
  3. C) A DIRECTOR FROM EACH OF THE DEFINED AREAS, A TOTAL SEVEN (7)

AS FOLLOWS

 

i THREE (3) DIRECTORS FROM METROPOLITAN DISTRICT

 

ii TWO (2) DIRECTORS FROM SOUTHERN NSW DISTRICT

 

iii TWO (2) DIRECTORS FROM NORTHERN NSW DISTRICT

  1. D) ONE (1) INDEPENDENT DIRECTOR TO BE APPOINTED BY THE BOARD AND RATIFIED BY A MEETING OF THE DISTRICT COUNCIL PRESIDENTS.

DELETE CLAUSE 9.9(A}, 9.9(C) AND 9.10 CLAUSE 9.15

DELETE WORDS (“”AT LEAST ONE (1) BUT NO MORE TWO (2)””)

CLAUSE 9.16 9.17 AND 9.21(A) DELETE WORD “”COUNCIL””.

IT IS ALSONOTED THAT THE BOARD HAS DIRECTLY APPOINTED TWO INDEPENDENT DIRECTORS “”WITHOUT APPROVAL BY MAJORITY OF THE DISTRICT COUNCIL PRESIDENTS.””

CLAUSE 9.21(A) AND (B) REPLACE  75% TO  66% AND ADD “”TO THOSE WHO ARE PRESENT AND  ELIGIBLE TO VOTE””.

CLAUSE 9.24 LAST PARAGRAPH   DELETE ALL WORDS AFTER 9.17

DELETE CLAUSE 9.25

CLAUSE 9.27(8) DELETE ALLWORDS AFTER THE WORD   “”LAW” AND DELETE CLAUSE 9.27(C).

DELETE CLAUSE 9.29 (A)(III) AND 9.29(F)

9.29 THE SUB-BRANCH DOES NOT AGREE WITH THE ADDITIONAL LAYER OF MANAGEMENT PROPOSED IN CLAUSE F.

CHANGE    CLAUSE   9.34   DELETE “”UNLESS    THE   BOARD    RESOLVES OTHERWISE”” AND CHANGE WORD “”FOUR”” TO “”SIX””.

CLAUSE 9.37 DELETE ALL WORDS AFTER THE WORD “”DIRECTOR””‘ DELETE CLAUSE 9.52.

THE SUB-BRANCH CONSIDERS THAT THE COMPLETE CLAUSE D NEED TO BE REWRITTEN AS IT IS GIVING THE BOARD TOO MUCH POWER WITHOUT KNOWINGTHE FULL CONSEQUENCES IE.  STATEMENT OF PRINCIPLES.”

 

FWMDC sub-Branch D.

“9.8 (c) – 9.12 (b) Possess and demonstrate a level of appropriate training, study, skills or experience relevant to the position of Elected Director. This reads that a person who may be only employ ed as a tradesperson, factory worker, transport industry worker may not have the intelligence or be practical enough to administer RSL- NSW policy. Unless this requirement is stipulated by legislation it has a bad odour of legal academics over the working class, where’s the Camaraderie in that.  If it is a requirement by Government Legislation quote the ruling, and we will have to cop it sweet.

9.31 The Board may not delegate the power to delegate.   What does this imply, the Board does not control the activities of RSL-NSW by enforcing the constitution? It makes no sense.                                       ”

 

FWMDC sub-Branch E.

Disagree

“9.24 (c) omit “and” after in accordance with the procedure set out in clauses 9.15 –

9.27 (b) – We thought that this was too heavy handed and should be toned down.

9.57 – should this be five years to make it consistent with company law”

 

FWMDC sub-Branch F.

Disagree

“9.27

This paragraph gives total control to the Board of all properties, investments etc., in sub-Branches. In particular, but not only, sub para (b) inter alia “govern and regulate the functions of sub-Branches, and the application, management and use of property, funds, income and assets held by sub-Branches” and sub para (f) “regulate and determine the rights of RSL NSW Members, Directors, District Council Delegates, District Councils, District Council Executive, sub-Branches and sub-Branch Executives and sub-Branch Trustees”

There need to be some mechanism to protect the members from a Rogue Board as illustrated in the Bergin enquiry. We suggest that any such decisions need to be ratified by a Congress

 

9.28, sub paras (a) & (b)

“(a) issue Operational Policies and Procedures, notices or requests to sub-Branches; and

(b) request or direct that a sub-Branch provide Documents and any other information to the Board within a reasonable time to be specified by the Board.”

 

The problem is that “Operational Policies and procedures” are set by the board, thereby giving the Board total control (e.g. by-Law 22 dated 3 Oct 2018,) We need to protect the members of the organisation therefore; operational policies and procedure should be presented at a congress for ratification!

Members Comments

9.53

Who will draft the Code of Conduct?

9.57

Why after a period of 7 years after the person ceases to be a Director?”

 

FWMDC sub-Branch H.

“9.8(d) How is this determined. (Don Rowe)?

9.9(g) Fit and Proper, how is this determined by the Minister?

9.12(c) Again Fit and Proper?

9.13(i) Again Fit and Proper?

9.23 The appointed person filling a casual vacancy must resign any position held at 9.9

9.27(b) Change Govern and Regulate to advise and monitor

9.27(c) delete in a particular manner

9.27(d) delete make decisions and

9.36(b) When did a company secretary evolve, lets call them the State Secretary

9.44 Company Secretary?”

 

FWMDC sub-Branch I.

Agree

“Described as per the Act – however this provides greater flexibility “The Board is to consist of at least 3 but not more than 10 directors” the constitution has stated “not less than seven and not more than ten directors”

Clause 9, clarifies additional functions etc. pursuant of Act “The RSL NSW Constitution may make provision for or with respect to the directors (including terms of office and removal from office)”

Clause 9.26 and Clause 9.27 “Express Power” need to respect the obligations embedded in law for Trustees of the sub-branches, especially “fiduciary duty””

 

FWMDC sub-Branch J.

“9.10 Periods are not consistent with those of DC Presidents (12.11, 12.12)

9.27 Open to interpretation. There should be no grey area. Ambiguous wording.”

 

FWMDC sub-Branch L.

Disagree

“9.5 states that one Director must have very specific qualifications/experience.  This is an impossible criteria to impose since the method of election (one vote: one member) would therefore require that all nominees for all available Director positions (other than the two appointed independent Directors) must fulfil the criteria, thereby eliminating potential Directors who may be otherwise extremely suited, preferred and experienced but not in those listed areas.  Therefore 9.5 must be deleted.

 

As written, clause 9.27 (c) provides for the Board to take from a sub-Branch, whatever assets that sub-Branch holds, in order to fulfil the Board’s version and view of a Charitable Purpose of their own choosing, without regard for the Charitable Purpose goals of members of that sub-Branch with total disregard for the Trustees of those assets and the responsibilities those Trustees are legally required to abide by (in the Trustee Act 1925 NSW).  Bluntly, it enables State to make the money-grab they were threatening in the previous (unsuccessful) draft.  Suggest include the insert (in red):

“ 9.27 … the Board has the express power to:

(c) without limiting clause 9.27 (b) and, subject to the provisions of clause 5 and the Trustee Act 1925 NSW, require sub-Branches to apply property, funds, income and assets in a particular manner to further and fulfil the Charitable Purpose.”

 

Southern Metropolitan District Council

Disagree

Delete 9.1 to 9.5 and replaced with “The Board consists of the following ten (10) persons elected or appointed in accordance with the constitution”

  1. a) Chairman (President)
  2. b) Director (State Treasurer with the required tertiary qualification)
  3. c) A Director from each of the defined areas, a total seven (7) as follows

 

i Three (3) Directors from Metropolitan District

ii Two (2) Directors from Southern NSW District

iii Two (2) Directors from Northern NSW District

  1. d) One (1) Independent Director to be appointed by the Board and ratified by a meeting of the District Council Presidents.

 

Delete Clause 9.9(a), 9.9(c) and 9.10

Clause 9.15 Delete words (“at least one (1) but no more two (2)”)

Clause 9.16, 9.17 and 9.21(a) Delete word “Council”.

Clause 9.21(a) and (b) Replace 75% to 66% and add after the word of “those who are present and eligible to vote”.

Clause 9.24 Last paragraph Delete all words after 9.17

Delete Clause 9.25

Clause 9.27(b) Delete all words after the word “law” and delete Clause 9.27(c).

Clause 9.28 After the figures “9.26” add the words “and subject to Clause 7.4”

Delete Clause 9.29 (a)(iii) and 9.29(f)

Change Clause 9.34 Delete “Unless the Board resolves otherwise” and change word “four” to “six”.

Clause 9.37 Delete all words after the word “Director”.

Delete Clause 9.52.

RSL NSW Board of Directors - ANZAC House Response

Composition of the board clarified, and both shared and distinct obligations of Elected and Independent Directors clarified

Links to standard operating procedures included

References to a ‘66% majority’ clarified as ‘a Special Resolution’ (“a greater than two-thirds majority”)

Process for District Presidents’ Council approval of an Independent Director appointment expanded and clarified

Minor wording changes, and typographic errors corrected

Remuneration of Directors

Forster Tuncurry RSL sub-Branch

Agree

 

Gloucester RSL sub-Branch

Disagree

“We are a voluntary organisation and should remain that way. This should include the Independent Director.

Out of pocket expenses only. It is taking money away from welfare.

We believe it does not fit with “The Charitable Purpose”

Clause 10.2 and 10.3 delete word “sub branch”.”

 

Grafton RSL sub-Branch

Amend para 10.1 to include the word elected Volunteer Directors

 

City of Sydney RSL sub-Branch

Agree

 

Mosman RSL sub-Branch

Disagree

“Clause 10. How is the quantum of the aggregate amount of

remuneration to be determined? There must be a mechanism in the

Constitution using an independent authority or organisation to

establish the aggregate amount, if any.”

 

Wyong RSL sub-Branch

Agree

Has to set by Congress and be realistic

 

Cumberland RSL sub-Branch

Agree

 

Lane Cove RSL sub-Branch

This is a flawed summary that tries to compare a member led and volunteer organisation with a listed Corporate entity. Director fees should be more modest than this review recommended

 

Chatswood RSL sub-Branch

Agree

Page 17 – c10.1: Who determines whether the proposed remuneration is affordable or appropriate?; is an external consultant to be used?; Will the maximum total Director remuneration be linked to a percentage of fundraising, expenses or Charitable Purposes expenditure?; Is the payment of remuneration (or its potential scale) at odds with service ethos of the RSL?; How is it proposed to justify a remuneration payment to Directors when other sub branch/DC members perform their “coal-face” roles with no payment or staff support?

 

Hornsby RSL sub-Branch

Agree

Clause 10.2 and 10.3: Delete the words “sub-Branch” appearing on each (3) occasion before the word “Delegate”. Delegate is a defined term referring only to Delegates appointed by a Sub-Branch.

 

Lower North Coast District Council

Disagree

We could only agree on the reimbursement of out-of-pocket expenses reasonably incurred by Directors in the execution of their duties.  After all we are all volunteers serving the veteran community

 

Brooklyn RSL sub-Branch

Agree

 

Berowra RSL sub-Branch

Agree

We believe all directors are volunteers except those independent appointed, and therefore those elected, should not be pair a salary

 

New England District Council

Agree

One sub-Branch emphasizes that they, “wholeheartedly agree and that a Director SHOULD be remunerated. President should be remunerated at a higher rate than Directors”.

 

Castle Hill & District RSL sub-Branch

Agree

“Clause 10. Insert Clause 10.4 “Subject to approval of any remuneration in clauses 10.1 to 10.3 Directors shall receive the following honorarium adjusted annually by CPI:

(a)

President:

 

$24,000 annually;

(b)

Vice President:

$20,000 annually;

(c)

Treasurer):

$16,000 annually; and

(d)

Directors/Independent Directors:

$12,000 annually. If approval is given for remuneration clause 10.4 is to be cancelled.”

 

Gunnedah RSL sub-Branch

Agree

 

Narrabri RSL sub-Branch

“Disagree with this. Directors, Executive officers should receive out of pocket and meeting allowance.

We are a charity and should not engage in paying directors.

This was the origins and the reason NSW RSL is in this current predicament ”

 

Werris Creek RSL sub-Branch

Disagree

We disagree with this. We believe directors, executive officers should receive out of pocket and meeting allowance. (Similar to smaller local government councils). However totally against charities engaging /paying sellers and directors. (Wages) and that’s what this is. Based on previous figures bantered around, ½ million dollars annually just for the board alone?

 

Eastern Metropolitan District Council

Disagree

10.1 Directors should not be remunerated with the exception of Independent Directors only.

 

Terrigal Wamberal RSL sub-Branch

Agree

We agree with the policy.  However there needs to be consideration given as to what course of action needs to be taken in the event that the AGM rejects the remuneration proposal.

 

Toukley RSL sub-Branch

“The League should remain a voluntary organisation.

As the members get older it is becoming harder to find suitable people prepared to give the time required of the position of director.  Younger members are not coming forward as they are working to make a living.  See Cl 5 earlier regarding the need to clarify the payment.”

 

South Lake Macquarie RSL sub-Branch

Disagree

Out of pocket expenses only

 

Doyalson Wyee RSL sub-Branch

Agree

 

Blue Mountains District Council

Agree

 

Bingara RSL sub-Branch

Agree

 

Monaro & Far South Coast District Council

Disagree

As per attached

 

Northern Beaches District Council

Agree

Have been included to reflect the Act. Nothing will happen unless a motion to remunerate is put at Congress and approved by 66% majority. The option is to remove the clause in its entirety.

 

Matraville RSL sub-Branch

Agree

 

Central Southern District Council

Agree

“CSDC understands younger directors require remuneration and “salary” is set by Sub Branches.  Comment:   cost may reduce finance available to welfare.

1 x Director to be financially / economic qual – CSDC concur”

 

Intra-Mural District Council

Disagree

“Not convinced of the need for payment, although accept that Directors

these days have to be more qualified/skilled than in the past (but so

too will sub-Branch and District Council Executives). RSL NSW is still a

volunteer organisation.

If there is to be any remuneration, it should be far less than the

proposed amounts previously quoted.

OR

This is one of the major items that requires a detailed discussion by

members/delegates. Delete this clause and it will remove further

distrust from this process.”

 

Riverina District Council

Disagree

The RSL is a voluntary organisation and no remuneration should be paid to Directors on the Board of RSL NSW unless they are the Independent Directors who are elected to the Board for their expertise, qualifications and knowledge in financial matters and other Corporate Governance related issues.

 

Bondi Junction/Waverley RSL sub-Branch

Disagree

While we do not disagree in its entirety the RSL is a not for profit voluntary body and as such we believe the payment of properly acquitted out of pocket expenses is sufficient.

 

Hunter Valley District Council

Disagree

One respondent sub-Branch did not support this.

 

Bellinger River RSL sub-Branch

Agree

 

Sussex Inlet RSL sub-Branch

Agree

Clauses on Director’s remuneration is supported. Recommend an additional clause on the role of the District Presidents Council to endorse and make recommendations to the General Meeting on Directors remuneration to ensure accountability for performance of Directors.

 

Coogee Randwick Clovelly RSL sub-Branch

Agree

 

City of Bankstown RSL sub-Branch

Disagree

Clauses 10.2 and 10.3 Delete Word “sub-Branch”.

 

Davistown RSL sub-Branch

Agree

 

Far South Western District Council

Agree

 

Central Coast District Council

“Out of pocket expenses only

The League should remain a voluntary organisation.

As the members get older it is becoming harder to find suitable people prepared to give the time required of the position of director.  Younger members are not coming forward as they are working to make a living.  See Cl 5 earlier regarding the need to clarify the payment.”

 

Maclean RSL sub-Branch

Agree

 

South West Rocks RSL sub-Branch

Agree

Directors remuneration percentages required

 

Wagga Wagga RSL sub-Branch

Agree

 

FWMDC sub-Branch C.

Disagree

10.2 AND 10.3   DELETE THE WORDS “SUB-BRANCH”

 

FWMDC sub-Branch F.

Disagree

“Members Comments

“Why do the “Board” members need to be renumerated for their services? The Organisation has been operating successfully for over 100 years without paid executives. RSL NSW is not a “Company” it is a charitable body Corporate””

 

FWMDC sub-Branch H.

“10.2 What is being referred/determined as a general meeting?

10.3 What is being referred/determined as a general meeting.

Include an aggregated remuneration cap determined at the annual general meeting (Congress)”

 

FWMDC sub-Branch I.

Agree

Consistent with the ACT

 

FWMDC sub-Branch J.

Disagree

The position should be voluntary. Any payment should be 66% approved and the amount stipulated before the vote.  IF the decision was to remunerate IS the GM the Congress?

 

Southern Metropolitan District Council

Disagree

Clauses 10.2 and 10.3 Delete Word “sub-Branch”.

Chief Executive Officer

Forster Tuncurry RSL sub-Branch

Disagree

“1.

Under 12.1 That RSL NSW provides a copy of the District Council Standard Operating Procedures’ so that we can consider the relevance of clause 12.1 and 12.18 prior to the final draft of the constitution’

2.

Under 12.26, 12.27, 12.28 and 12.29 under what procedures would this be validated.

3.

That the clause be rearranged to read as follows:  “may appoint or engage other RSL NSW Members, and any other District Council Officers deemed necessary to properly perform the functions and responsibilities of the District Council to assist with the management and operations of RSL NSW activities in its District; and”

4.

That clause 12.33 be amended to read as follows:  “Each District Council must provide an identical copy of the minutes of each District Council meeting to the sub-Branches in their District, to the District Presidents’ Council and to the Board in a format to be determined and prescribed by the Board in consultation with all District Councils.

5.

12.42 is covered under 9.29 [e]”

 

Gloucester RSL sub-Branch

Disagree

“The new position of CEO must be a Service member or Life Member, unless there is no Service Member or Life member who is both qualified and willing to be appointed as CEO.

The State Secretary in the past has always been the Service members lynch pin in the organisation and the custodian of the Leagues Constitution. This must remain a service member position. Major concern of our Sub Branch is that the State Secretary is not mentioned in the propose Constitution. We class the Secretary being the Lynch Pin in the organisation and the keeper of the Constitution, it’s Aims and Objects. Is it the intention for the CEO to replace the State Secretary or they become one?

We do believe they must be a Service Member.

The State Secretary must be maintained and if a CEO is appointed the Secretary must have equal input to the League.”

 

Grafton RSL sub-Branch

As agreed by Delegates at the last Congress, this position is not required. If passed payment figures is to agreed to by Delegates at the General Meeting

 

City of Sydney RSL sub-Branch

Agree

 

Mosman RSL sub-Branch

Disagree

“Clause 11. Assuming the current CEO, having recently resigned, has a

Job Description of duties, while that is not relevant to the Constitution,

there is a base for the powers and duties of the CEO that can be

published for the Members.”

 

Wyong RSL sub-Branch

Agree

 

Cumberland RSL sub-Branch

Agree

 

Chatswood RSL sub-Branch

Agree

 

Hornsby RSL sub-Branch

Agree

 

Lower North Coast District Council

Disagree

The word may in 11.2 should be changed to ”must” or “should” where the word should implies must

 

Brooklyn RSL sub-Branch

Disagree

PARA 11 THE DUTIES AND RESPONSIBILITIES OF THE PROPOSED CEO REMAIN UNDEFINED AND SUCH APPOINTMENT OF SENIOR POSITIONS INCLUDING APPOINTMENT OF DIRECTORS TO COVER RESIGNATIONS ETC SHOULD BE SUBJECT TO AGREEMENT AND RATIFICATION BY THE DISTRICT COUNCILS. PARA 11 MAKES NO REFERENCE TO THE ORGANISATIONAL STRUCTURE OF THE ADMIN AND SUPPORT STAFF AT ANZAC HOUSE. THE CREATION OF THE POSITION OF THE CEO SEEMS TO SUGGEST THAT THE BOARD HAS BEEN GIVEN THE RIGHT TO STRUCTURE AND EMPLOY STAFF WITHOUT ANY LIMITATION OR INVOLVEMENT BY THE MEMBERSHIP. WITHOUT PRIOR APPROVAL GRANTED AT AN AGM THE BOARD SHOULD NOT HAVE THE RIGHT TO SUCH AN OPEN ENDED ARRANGEMENT.

 

Berowra RSL sub-Branch

Agree

 

New England District Council

Agree

one sub-Branch queries, “where are the funds going to come from to finance this position?”

 

Castle Hill & District RSL sub-Branch

Agree

Clause 11.1. Insert at the end: “… and with the endorsement of the District Presidents’ Council.”

 

Gunnedah  RSL sub-Branch

Agree

 

Narrabri RSL sub-Branch

Agree

 

Terrigal Wamberal RSL sub-Branch

Agree

 

Toukley RSL sub-Branch

Agree

Question.  Is the CEO to be a Service member, or any one?  Add the necessary wording to clarify.

 

South Lake Macquarie RSL sub-Branch

Disagree

Insert 11.6 (conflict of interest) must not have held an elected or appointed position on the board of RSLNSW for a minimum of 3 years (or words to that effect)

 

Doyalson Wyee RSL sub-Branch

Agree

 

The Entrance Long Jetty RSL sub-Branch

Disagree

This should be put to the members and not left to the Directors. Must remain independent appointment.

 

Blue Mountains District Council

Agree

 

Bingara RSL sub-Branch

Agree

 

Eastern Metropolitan District Council

Agree

Note:  Is it intended that there will be a position of State Secretary?

 

Monaro & Far South Coast District Council

Agree

 

Northern Beaches District Council

Disagree

Clause 11.2 – requirement to have a military background not essential. Preferred candidate should be a professional with a strong and proven corporate background at a senior management level.

 

Matraville RSL sub-Branch

Agree

 

Central Southern District Council

Appt – should also be ratified by DC President’s Council  – needs to be included into Constitution or SOP.

 

Intra-Mural District Council

Agree

 

Riverina District Council

Disagree

Should there be a comment under this heading that if staff/ex-staff of RSL NSW wanted to be elected to the Board then there should be a time frame excluding them from applying for the Board position. Likewise any ex-Directors who wish to be employed by RSL NSW should have a time frame excluding the person from applying for a paid position.

 

Bondi Junction/Waverley RSL sub-Branch

Agree

Provided that Clause 11.1 includes with the endorsement of the District Presidents.

 

Hunter Valley District Council

Disagree

The State Secretary’s role is hardly mentioned, compared with the CEO. As the State Secretary has statutory duties regarding the Cenotaph etc, it is recommended his role be clearly stated in the constitution.

 

Bellinger River RSL sub-Branch

Agree

 

Queanbeyan RSL sub-Branch

Page 17 11 .1 -we believe the remuneration should be public knowledge. Page 18 12.6 (b) -add “and” at the end.

 

Sussex Inlet RSL sub-Branch

“See 11.3a – Recommend that the powers of the CEO be generally defined in this section to ensure that there is not excessive delegation of accountability by the Board as they are ultimately responsible for the performance of RSL NSW. This should also help provide a framework for the selection criteria for the position.

The CEO is proposed to be appointed by the Board but there is no checks and balances to this process. Recommend the appointment of CEO should be endorsed by the District President’s Council who can assure sub-Branches and the Membership that the best candidate has been selected to run the day to day operations of RSL NSW, has the requisite comprehensive knowledge, skills, understanding and experience to lead and manage a highly decentralised organisation.”

 

Coogee Randwick Clovelly RSL sub-Branch

Agree

 

City of Bankstown RSL sub-Branch

Disagree

Clause 11.2 Delete the word “may”.

 

Northern Metropolitan District Council

Disagree

“11.3 Removal of CEO – somewhere in this clause it should mention

“just cause” as removal needs to have some reason or justification.”

 

Davistown RSL sub-Branch

Agree

 

Far South Western District Council

Agree

 

Central Coast District Council

Disagree

“This should be put to the members and not left to the Directors. Must remain independent appointment.

Question.  Is the CEO to be a Service member, or any one?  Add the necessary wording to clarify.”

 

Maclean RSL sub-Branch

Agree

 

South West Rocks RSL sub-Branch

Agree

Why the need for 2 CEO’s

 

Wagga Wagga RSL sub-Branch

Disagree

12.8 Clarification

12.58, 12.34 Typo?

 

FWMDC sub-Branch C.

Disagree

“CLAUSE 11.1{A) “”THE RECOMMENDATION BY THE BOARD FOR APPOINTMENT TO THE POSITION OF CEO IS SUBJECT TO APPROVAL BY DELEGATES AT A GENERAL MEETING.””

11.2 REMOVE THE WORD “”MAY”” REPLACE WITH THE WORD “”MUST”””

 

FWMDC sub-Branch E.

“11.3 (a) – “their” should be changed to his and her

 

12.11 – A District Council President should be able to have a length of term at office equal to a RSL NSW Director

12.20 (b) – the word “Delegate” should be Delegates.”

 

FWMDC sub-Branch F.

Disagree

“Why do we have a CEO and a Secretary RSL NSW?

We need to know the differences in their Roles and Duties!

Members comments

“Why is a Company Secretary required?””

 

FWMDC sub-Branch H.

Disagree

11.1 Include the selection process as per recent emails and that District Councils Presidents appoint the panel for reviewing applicants short listed.  11.4 Strongly disagree with this.

 

FWMDC sub-Branch J.

Disagree

The membership status of the applicant for CEO should be stated. Only states the membership is to be suspended for a period (11.2).

 

Southern Metropolitan District Council

Disagree

Clause 11.2 Delete the word “may”.

Chief Executive Officer - ANZAC House Response

Lack of requirement that the CEO be an RSL NSW member clarified

The CEO’s right to attend board meetings limited to “at the invitation of the Board”

New Section 12 STATE SECRETARY added to explicitly acknowledge this important and distinct position

Minor wording changes, and typographic errors corrected

District Councils

Forster Tuncurry RSL sub-Branch

Disagree

“1.

13.4 [c] That RSL NSW provides a copy of the District Council Standard Operating Procedures’ so that we can consider the relevance of clause 12.1 and 12.18 before the final draft of the constitution’

2.

13.5 [a] A Sub-branch and its membership are part of RSL NSW not a separate Company with a financial arrangement and 8.6 should be reworded to state that an RSL NSW member abides by the Constitution of RSL NSW.

3.

13.6 Delete “without limiting clause 13.5

4.

13.29 That the correct form of the titles of the Acts be used in the draft constitution.  Profit should read Profits

5.

13.29 and 13.38 The two clauses are virtually identical except that clause 13.29 is under the heading ‘Sub-Branch accounts’ and clause 13.38 is under the heading of Sub-Branch audit. Recommendation: That clause 13.38 be deleted as superfluous.

6.

That the wording of clause 13.47 be amended to read as follows:  “A Sub-branch provided it has complied with all its obligations, duties and responsibilities under this Constitution is entitled to appoint one Delegate and one Alternate Delegate, both of whom will be entitled to attend the Annual General Meeting and any General Meeting.”

7.

That clause 13.53 be amended to read: “The Sub-branch will appoint trustees by resolution at a General Meeting of the Sub-branch members.

8.

13.66 (d) would mean that Sub-branch trustees could not even arrange for the ‘roll-over’ of a term deposit (if more than $5,000) without first having to obtain the consent of the RSL NSW Board

9.

13.74 would mean that Sub-branch trustees could not even arrange for the ‘roll-over’ of a term deposit (if more than $5,000) without first having to obtain the consent of the RSL NSW Board.

10.

13.78 would mean that Sub-branch trustees could not even arrange for the ‘roll-over’ of a term deposit) without first having to obtain the consent of the RSL NSW Board”

 

Bass Hill RSL sub-Branch

“I feel there is a need for a closer look at Districts Committee Level regarding raising & administration of funds.

The use of ‘may’ in many of the sections is questionable.”

 

Lower North Coast District Council

Disagree

“Remove all reference to District Presidents” Council wherever it occurs throughout this constitution.

12.20 the word delegate should be the plural

Powers, Responsibilities and functions of District Councils

12.32 (a), the sentence structure of this clause is poor.

Wingham sub-Branch Recommendation:  That the clause be rearranged to read as follows:  “may appoint or engage other RSL NSW Members, and any other District Council Officers deemed necessary to properly perform the functions and responsibilities of the District Council to assist with the management and operations of RSL NSW activities in its District; and”

 

12.39 (Role of the District Presidents’ Council) states that the District Presidents’ Council will represent sub-Branches and District Councils by:

(a) making submissions, proposals and recommendations and providing reports, guidance and feedback to the Board on matters regarding matters of RSL NSW sub-Branch and District Council governance, RSL NSW membership and sub-Branch issues and concerns; and

(b) making representations to the Board on matters of public policy.

 

Comment/discussion point:  It would appear that the drafters of this version of the Constitution realise that board members will no longer have the practical representational capability for sub-Branches and that as a consequence they will have to rely heavily on feedback and information from the Districts.

Comment/discussion point:  If we put this another way, the role of the proposed District Presidents’ Council is to fill the representational void created by the distancing of board members from the grassroots sub-Branch members.

Comment/discussion point:  District Councils already have the responsibilities mentioned in clauses 12.39(a)&(b) and they don’t need another forum to discuss and manage these roles.

Comment/discussion point:  LNCDC believes that another layer of management and review between the Districts and State Branch will dilute and change the consensuses and recommendations reached on issues through the District Council process.

LNCDC Recommendation:  That the idea of introducing a District Presidents’ Council be omitted from the draft Constitution and that as a consequence clauses 12.37 to 12.61 be removed.”

 

Gloucester RSL sub-Branch

Disagree

“We agree with the retention of the 23 District Councils, but the following should be included under this section. A clear statement why they exist, and their duties as listed in current constitution:

Para 23.1 to 23.8

There is no need for another layer of control such as the District President Council. District Council Presidents go directly to State Branch who conduct a meeting of the 23 Councillors from time to time. Save the money and assist District Councils.

Clause 12.1 delete all words after words (“as defined”) and add “by resolution put to Congress”.

Clause 12.5 the word delegate” Change to “Delegates”

Clause 12.7, 12.8-12.10 and 12.12-12.15 after the word “Executive” add “Member”.

Clause 12.8(b), 12 .11 word “six” change to “nine”.

Clause 12.12 The first word “six” to change to “nine” only.

Clause 12.13 change the word “board to “District Council” and delete “or its representative”.

Clause 12.14 delete words “the board or”.

Clause 12.15(b) after the words “appendix D” insert the words “or by a vote of their Sub Branch”.

Clause 12.7 the words “Delegates chance to “Delegate”.

Clause 12.31(b) and 12.31(e) delete

Clause 12.31(g) insert (iv) “on matters concerning amendments to SOPs or OPPs “.

Clause 12.32 after the word District and before the word “any insert “may appoint or engage”.

Clause 12.33 after the first word “Board” delete words after “ and to the District President’s Council “.

Clause 12.37 to 12.61 deleted  ”

 

Grafton RSL sub-Branch

Agree with continuation of District Councils, however greatly concerned at the amount of work being transferred to them from State as they all remain Volunteers with a very limited budget. If this is passed then there should be a lot of recent State Branch Employees who no longer have a job. District Council Executive – where did this come from, once again less responsibility for State

 

City of Sydney RSL sub-Branch

Disagree

12.37 to 12.61 We strongly disagree with District Presidents Council. This is just creating another unnecessary layer and added costs for no benefit. We should have members, sub-Branches, District Council and Board plus ANZAC House. The District Council Presidents will report to the Board

 

Mosman RSL sub-Branch

Disagree

“District Councils cannot proceed until SOPS are issued. That means the SOPS must be issued before this draft  Constitution is approved. Apparently a sub-Branch has suggested that no member of a sub- Branch executive may be a member of District Council Executive. We disagree with this. It is important that sub-Branch executive members

be able to be on the District Council otherwise how can the views of the sub-Branch be properly represented?”

 

Wyong RSL sub-Branch

Agree

Important to keep as is

 

Cumberland RSL sub-Branch

Disagree

13.51 Proxy delegate

 

Chatswood RSL sub-Branch

Agree

“Page 17 – c12.1: Are the DC SOP’s referred to available yet?

Page 22 – c12.36: There is no provision here to allow for supplementary funding requests should unforeseen circumstances (or poor budgeting) occur after the annual budget is approved.

Page 25 – c12.61: Comments as for c12.36”

 

Hornsby RSL sub-Branch

Agree

Clause 12.15(b): “no right to vote”. Needs to be clarified. We assume only refers to a vote in the meeting of the District Council. (but could include in the District Presidents’ Council?)

 

Brooklyn RSL sub-Branch

“PARA 12.1 ANY ESTABLISHMENT OF, OR CHANGES TO, DISTRICT COUNCILS SHOULD BE APPROVED BY THE MEMBERS AT AN AGM

PARA 12.22 EACH DISTRICT COUNCIL DELEGATE AND COUNCIL EXECUTIVE SHOULD BE INCLUDED IN THE VOTING PROCESS.”

 

Berowra RSL sub-Branch

Disagree

“12.32 (a) line 2 – Add words “”and/or”” after word “”District””

12.38 line 1 – Using “”their”” with “”President”” – replace “”their”” with “”his/her””

12.3 – Add rule to allow District Councils and District Presidents’ Council to hold meeting without the involvement of the Board or any Board member.

Insert 12.31 (h) – “”at the discretion of the President of a District Council, a District Council, a District Council may hold a meeting without the involvement of the Board or a Board Member””

Add to 12.47 – The District President’s Council, however, may elect to hold meetings without the involvement of the Board or any Board Member. ”

 

New England District Council

Agree

“One sub-Branch comments that; “the Council could become unmanageable because of workload and geography”.

One sub-Branch – “12.36 – The District Councils MUST be allocated funds by RSL NSW to facilitate the performance of their powers, responsibilities and functions. The amount of funds available to a District Council will be determined by RSL NSW in consultation with the District Council based upon an annual budget which must be submitted to RSL NSW by the District Council on an annual basis in conjunction with RSL NSW financial year and approved by the board”:  and

Two sub-Branches re 12.36; “The word “MAY” should be replaced with “WILL” to read the same as District Presidents Council”. 12.61 – “Rural DC’s are a lot more prone to struggle than City DC’s due to distance, time and transport availability just within their District. DC’s should be and are being put forward as first point of access”.

In addition, Tingha sub-Branch indicated that; “they travelled 406 klms return to attend the last NEDC meeting, and that was just down the road”.

One sub-Branch queries;

12.5  “Why can’t affiliate members be delegates or alternate delegates to District Council?”

12.11  “Maximum Six Year Term for District Council President and Maximum Nine Year Term for State Council””

 

Castle Hill & District RSL sub-Branch

“Clause 12.59. Delete “Annual Congress” and insert “RSL NSW AGM”.

Insert new Clause 12.61. RSL NSW will provide administrative assistance to the District Presidents’ Council on budget matters, for meetings and Minutes, booking travel and accommodation, and out-of-pocket expenses.””

 

Gunnedah RSL sub-Branch

Agree

 

Narrabri RSL sub-Branch

Agree

Question: Who sets the boundaries for the District Councils, the District Council Presidents or the RSL NSW Board?

 

Werris Creek RSL sub-Branch

“12.2 Disagree “The Board” may establish a District Council of the sub- branches in each district” Believe this could/would lead to District Council boundary changes without consultation with sub-branches and or current District Councils.

12.4 We’re not sure on this one and need some clarity? Two elected delegates as elected by their sub-branch are unwilling to vote on something as per direction of sub-branch members with this clause it allows the alternate delegates to vote.

12.34 Would be nice to know what the format for minute reporting is prior to this being passed. Not everybody has all the same computer programs. Could be more cost to the volunteer executive officer.

12.58 “The board or its nominated directors may attend all meetings of the District Presidents Council” Feel a representative should be present but “the board” I think would be counterproductive. It could be construed as intimidating, influencing or stifling debate and or District Presidents Councils preferred directions.”

 

Terrigal Wamberal RSL sub-Branch

Agree

While the concept is accepted, there needs to be advice as to what the “delegated” powers might be.  Without knowing what powers are to be delegated to them, it is difficult for the District Councils to determine their operating procedures.

 

Toukley RSL sub-Branch

“Clause 12.13   After the words “notice of resignation” insert “to the President of the DC who will forward”.  Common courtesy prevails.

Clause 12.21 Delete the word “may” and insert “will”.  May infers that a notice does not have to be given.

Clause 12.31 (g) add “(iv) On specific matters relative to the District Council”.

Clause 12.37 + Inclusions elating to District Presidents Council will increase cost and time delays without any apparent benefit to the organisation.  Rethink/delete all.”

 

South Lake Macquarie RSL sub-Branch

Disagree

What are the SOPs

 

Doyalson Wyee RSL sub-Branch

Disagree

“12.1 What District Council SOPs. If there are not District Council SOPs available, then this section of the constitution should not be considered

12.8 (b) if it is okay for board of directors to have 9 years which is excessive, either make District Presidents 9 years or board members 6 years”

 

The Entrance Long Jetty RSL sub-Branch

Disagree

“12.8. The possibility of getting District Councils in the bush will be diminished.

12.37. We don’t need another Council. The sub-Branches should report to District Councils (DC) and seek this body for administrative approvals and routine matters. State level decisions should be ratified by a DC and then forwarded to State HQ for approval.”

 

Blue Mountains District Council

Disagree

“Make the change in para 12.11 and 12.12 allowing a District President to hold office for up to 3 terms of 3 years i.e. a total of 9 years (not 2 x 3 years – brings it in line with Directors terms and accepts there are problems getting experienced volunteers in this area – especially if they remain unpaid).

13.47 The way this reads, only one delegate can attend Congress or general meeting. What’s the point of having 2 delegate but only one attending meetings? If the Delegate becomes indisposed how is the Alternate Delegate going to take over when he could be hundreds of kilometres away?  This should read “…., who will be entitled to attend the Annual General Meeting and any General Meeting”.

13.48 Should read “Subject to clause 13.49 each Delegate or Alternate Delegate is entitled to one vote ……..”

13.52 (a) The way this currently read would exclude Affiliate members from being trustees of a Sub-Branch. Remove the word Service, So it read (a) Three Members ”

 

Bingara RSL sub-Branch

Agree

Are District Councils allowed to charge a membership levy from sub branches?

 

Eastern Metropolitan District Council

Disagree

“It was agreed that District Councils should remain and be organised under the current arrangements. Amendments will be required to duties listed in this Chapter.

12.37 etc. District Council President’s Council is considered to be an unnecessary additional level of governance which will be difficult to maintain.”

 

Monaro & Far South Coast District Council

Disagree

Paragraph 12.11 Delete 6 insert 9.  Same as State Directors

 

Northern Beaches District Council

Disagree

“Clause 12.6(c) – redrafted in plain English, see attached redraft.

Clause 12 .8(b) – to be read with Clause 20.6 which covers the Transition Provisions.

Clause 12.12 – final sentence removed, refer to attached redraft. ”

 

Matraville RSL sub-Branch

Agree

 

Central Southern District Council

“1.

23 DC too many, 11 too few.  Re-investigate model.

2.

Noted:  draft to give more power / authority to DC  –  CSDC approves principle (agree)

3.

Re 2. Above.  Question:   What additional resources to assist ops? – requires detail.

4.

DC President’s Council – CSDC supports (agree)”

 

Intra-Mural District Council

Disagree

“Cl 12.5 “any Alternate Delegate..”

Cl 12.8 (b) Why should the term of a District Council President be less

than the 9 years term of a Director? OR Remove restriction on term of

DC President.

Cl 12.8 (e) line 2 Corporations Act (change of font)

Cl 12.8 (e) line 3 ACNC Act (change of font)

Cl 12.8 (e) line 4 Charitable Fundraising Act (change of font)

Cl 12.8 (e) line 3 “ a Fit and Proper Person..”

Cl 12.11 Why should the term of a District Council President be less

than the 9 years term of a Director? OR Remove restriction on term of

DC President (Cl 12.8)

Cl 12.12 Why should the lapsed period of 6 years be any different to

the 5 years of a Director? OR Remove restriction on term of DC

President (Cl 12.8)

Cl 12.13 Why would the resignation need to go to the Board? Surely

this is a matter for the District Council Executive.

Cl 12.20 (b) line 1 “..Council Delegates..”

Cl 12.22 line 2 Include after “..meeting. If the votes cast are equal, the

Chair will have a second and casting vote.”

Cl 12.23 Shouldn’t this be similar to Directors’ Meetings Cl 9.34?

Cl 12.26 Shouldn’t this be similar to Directors ’Meetings Cl 9.42?

Cl 12.27 Delete plural on Delegates

Cl 12.28 line 1 The “Chair ..”

Cl 12.28 line 1 insert after email “or other electronic means..”

Cl 12.28 line3 insert after email “or other electronic means..”

Cl 12.37 line 3 Chair

Cl 12.37 line 3 Deputy Chair

Cl 12.37 line 3 Secretary

Cl 12.40 Shouldn’t the DPC also provide a copy of the minutes to each

District Council?

Cl 12.48 (a) line 1 “the Chair..”

Cl 12.48 (b) line 1 “the Chair..“

Cl 12.48 (b) line 2 “the Chair..”

Cl 12.50 include after “..meeting. If the votes cast are equal, the Chair

will have a second and casting vote.”

Cl 12.51 Shouldn’t this be similar Directors’ Meetings Cl 9.34?

Cl 12.54 Shouldn’t this be similar to Directors’ Meetings Cl 9.42?

Cl 12. 56 line 1 The Chair

Cl 12.56 line 1 insert after email “or other electronic means..”

Cl 12.56 line 3 insert after email “or other electronic means..””

 

Riverina District Council

Disagree

“Pt 12.6 (b). This is an ambiguous statement and could end up with 5 or more Vice Presidents. The protocol is usually two Vice Presidents and should remain so. Even Fair Trading Model Constitution has one Vice President in their Committee composition. The RSL sub-Branches have a composition of two Vice Presidents so this rule should be consistent throughout RSL NSW.

Pt 12.6 (c) Reads that a District Council Secretary is written in twice. E.g. Should just be District Council Secretary, District Council Secretary who can also be the Treasurer, and a District Council Treasurer.”

 

Bondi Junction/Waverley RSL sub-Branch

Disagree

“Should remain the same; to assume the District Council is in a position to be the means

of communication between sub-Branches and District Councils on all matters is

ridiculous as many sub-Branches meet monthly, bi-monthly, quarterly and in some

instances six-monthly, so to expect matters to be dealt with by the District Council prior

to State Branch could mean delays of several months. Furthermore, the administrative

structure and support of some District Councils would be incapable of handling these

matters.”

 

Hunter Valley District Council

Disagree

Restrictions on the term of office of District Council President are not considered necessary. It should be up to the member sub-Branches.

 

Bellinger River RSL sub-Branch

Agree

 

Queanbeyan RSL sub-Branch

Page 21 12.29 -similar to earlier questions: does “12.26 -12.28” include 12.27? 12.31 -add “and” at the end.

 

Sussex Inlet RSL sub-Branch

“For such a highly decentralised organisation with a significant amount of activity occurring at the local level, it is important that NSW RSL establishes a District Councils of sub-Branches as part of its Constitution. This structure provides a model for better power balance, accountability, consultation, coordination and communication between NSW RSL and sub-Branches by removing the day to day operation activities and enabling Head Office to concentrate on state-wide matters of policy and procedures, standard templates and models, training, consultation and coordination within the organisation and also look outwards to represent our organisation and veterans at the highest levels.

Clause 12.2 recommend that the Districts represent a regional approach to organisational structure and should be included not as a ‘may’ but ‘will’ be formed. If this is the case, it will enable a restructuring of Head Office activities to optimise the role of the District Councils in its coordination and support of sub-Branches and inevitably also mean that better resourcing should follow at Clause 12.36.

To move on from the past, there needs to be greater accountability of RSL NSW through the District powers and functions to its grass roots sub-Branch Membership. The District Councils can provide the necessary checks and balances for this to occur. Strengthening of Districts can improve communication, consultation and decision-making or RSL NSW.

Recommend some cross-referencing with section 9, such as Clause 12.35 (9.29), 12.39 (9.16, 9.21, 9.23, 9.29 e/f).”

 

Coogee Randwick Clovelly RSL sub-Branch

Disagree

No District Presidents Council. Too onerous

 

City of Bankstown RSL sub-Branch

Disagree

“Clause 12.1 Delete all words after words (“as defined”) and add “by resolution put to Congress”.

Clause 12.5 the word “Delegate” changed to ”Delegates”

Clause 12.7, 12.8-12.10 and 12.12-12.15 after the word “Executive” add “Member”.

Clause 12.8(b), 12.11 word “six” changed to “nine”.

Clause 12.12 The first word “six’ to change to “nine” only.

Clause 12.13 Change the word “board to “District Council” and Delete “or its representatives”.

Clause 12.14 Delete Words “the Board or”

Clause 12.15(b) After the words “Appendix D” Insert the words “or by a vote of their sub-Branch”.

Clause 12.27 the Word “Delegates changed to “Delegate”.

Clause 12.31(b) and 12.31(e) Delete.

Clause 12.31(g) Insert (iv) “on matters concerning amendments to SOP’s or OPP’s”.

Clause 12.32 After the word “District” and before the word “any” Insert “may appoint or engage”.

Clause 12.33 After the first word “Board” Delete words “ and to the District Presidents’ Council”.

Clause 12.37 to 12.61 Delete.”

 

Northern Metropolitan District Council

Disagree

“1. Conflict of Interest (CoI) – Addition of a clause to cover CoI for DC’s

identical to 13.21 for sub-Branches and 13.73 for Trustees.

  1. 12.14 Removal of DC Executive – somewhere in this clause it should

mention “just cause” as removal by DC Delegates needs to have some

reason or justification.

  1. 12.22 One Vote per Delegate – Consideration needs to be given to sub-

Branches that may only be able to send one Delegate to each DC meeting

as one vote per Delegate will be disadvantageous.

  1. 12.22 One Vote per Delegate – Consideration should also be given to the

sub-Branches that fill the positions of President and Secretary as by rights

they may only have a deliberative vote. Again a disadvantage.

  1. 12.33 Provision of Minute to the Board – This is an inconsistency within

this draft as no such other provision is made on the Board, District

Presidents Council or sub-Branches. What is good for one is good for all.”

 

Davistown RSL sub-Branch

Agree

 

Ballina RSL sub-Branch

“12.2 Where are these procedures laid down?

12.31 For this to be done effectively will require resources. e.g. FNCDC Aim – to effectively administer 17 FNC Sub Branches.

  1. What paid staff is envisaged to be required to meet the aim?
  2. What volunteer staff will be available to meet the aim?
  3. Will staff be available five days a week?
  4. What electronic equipment will be required to meet the aim?
  5. What ‘office’ facilities and stationary etc. are needed to meet the aim?
  6. What transport facilities will be required to meet the aim?
  7. What support from Sub Branches is envisaged to meet the aim?
  8. What are the proposed annual budget costs required to meet the aim?

12.36 See 12.31 above.  If there are to be District Councils, then they will need to be funded to do the work.  ‘May’ be allocated funds is not good enough.  Either fund them or don’t have them.  ”

 

Far South Western District Council

Agree

 

Central Coast District Council

Disagree

“12.8. The possibility of getting District Councils in the bush will be diminished.

12.37. We don’t need another Council. The sub-Branches should report to District Councils (DC) and seek this body for administrative approvals and routine matters. State level decisions should be ratified by a DC and then forwarded to State HQ for approval.

While the concept is accepted, there needs to be advice as to what the “delegated” powers might be.  Without knowing what powers are to be delegated to them, it is difficult for the District Councils to determine their operating procedures.

Need SOPs”

 

Maclean RSL sub-Branch

Agree

 

South West Rocks RSL sub-Branch

Agree

“District Council members are all volunteers. It seems to us may be some members should be remunerated for the extra tasks and responsibilities

12.11 why six years

12.14 who are District Council executives

12.44 again why 66% and not 75%”

 

FWMDC sub-Branch A.

“12.1 … Concern that decisions could be made without consultation leaving options to empower specific zones.

12.33 … District Councils to provide minutes to sub-Branches (Must be accountable down as well as up)

12.40 …  District Councils Presidents Minutes to be provided to District Council. (Must be accountable down as well as up)”

 

FWMDC sub-Branch C.

Disagree

“CLAUSE 12.1 DELETE ALL WORDS AFTER WORDS {“”AS DEFINED””) AND ADD “”BY RESOLUTION PUT TO CONGRESS””.

CLAUSE 12.5 THE WORD “”DELEGATE”” CHANGED TO “”DELEGATES”” CLAUSE 12.7, 12.8-12.10 AND 12.12-12.15 AFTER THE WORD “”EXECUTIVE”” ADD “”MEMBER””.

CLAUSE 12.8(B), 12.11 WORD “”SIX”” CHANGED TO “”NINE””.

CLAUSE 12.12 THE FIRST WORD “”SIX’ TO CHANGE TO “”NINE”” ONLY.

CLAUSE 12.13 CHANGE THE WORD “”BOARD TO “”DISTRICT COUNCIL”” AND DELETE “”OR ITS REPRESENTATIVES””

CLAUSE 12.14 DELETE WORDS “”THE BOARD OR””

CLAUSE 12.15(B) AFTER THE WORDS “”APPENDIX D”” INSERT THE WORDS “”OR BY A VOTE OF THEIR SUB-BRANCH””.

CLAUSE 12.27 THE WORD “”DELEGATES CHANGED TO “”DELEGATE

CLAUSE 12.31{8) AND 12.31(E) DELETE

CLAUSE 12.31(G) INSERT (IV) “”ON MATTERS CONCERNING

AMENDMENTS TO SOP’S OR OPP’S””.

CLAUSE 12.32 AFTER THE WORD “”DISTRICT”” AND BEFORE THE WORD “”ANY”” INSERT “”MAY APPOINT OR ENGAGE””CLAUSE 12.33 AFTER THE FIRST WORD “”BOARD”” DELETE WORDS”” AND

TO THE DISTRICT PRESIDENTS’ COUNCIL””. CLAUSE 12.37 TO 12.61 DELETED”

 

FWMDC sub-Branch E.

Disagree

“12.11 – A District Council President should be able to have a length of term at office equal to a RSL NSW Director

12.20 (b) – the word “Delegate” should be Delegates.”

 

FWMDC sub-Branch F.

Disagree

“12.11

“that a District Council President must not hold the position of District Council President for a period exceeding six years in total.”

9.10

Inter alia “State Councillor or Director for a cumulative period of nine years or more”

What is the rationale for having a District Council Presidents tenure of 6 years and a Board member 9 years?”

 

FWMDC sub-Branch H.

Disagree

“12.3 change the 2 delegates to read no more than 2 delegates, some smaller sub-branches find it hard to appoint 2. Same applies in 12.4

12.8(e) That fit and proper determination again?

12.37 change the word may to will in the last sentence.”

 

FWMDC sub-Branch I.

Agree

Clause 12.1 of the Draft constitution – Before final draft is published, the Standard Operating Procedures (SOP’s) referenced should be available for review

 

FWMDC sub-Branch J.

Disagree

12.8, 12.11, 12.12 There should not be a limit on the tenure of office for an elected DC President * Loss of experience / Corporate knowledge.

 

Southern Metropolitan District Council

Disagree

Clause 12.1 Delete all words after words (“as defined”) and add “by resolution put to Congress”.

Clause 12.5 the word “Delegate” changed to ”Delegates”

Clause 12.7, 12.8-12.10 and 12.12-12.15 after the word “Executive” add “Member”.

Clause 12.8(b), 12.11 word “six” changed to “nine”.

Clause 12.12 The first word “six’ to change to “nine” only.

Clause 12.13 Change the word “board to “District Council” and Delete “or its representatives”.

Clause 12.14 Delete Words “the Board or”

Clause 12.15(b) After the words “Appendix D” Insert the words “or by a vote of their sub-Branch”.

Clause 12.27 the Word “Delegates changed to “Delegate”.

Clause 12.31(b) and 12.31(e) Delete.

Clause 12.31(g) Insert (iv) “on matters concerning amendments to SOP’s or OPP’s”.

Clause 12.32 After the word “District” and before the word “any” Insert “may appoint or engage”.

Clause 12.33 After the first word “Board” Delete words “ and to the District Presidents’ Council”.

Clause 12.37 to 12.61 Delete.

District Councils - ANZAC House Response

Links to standard operating procedures included

Term limit for District Council Presidents increased from six years to nine in line with that for board directors

A number of conditions clarified around the removal of a director

District Council conflict of interest principles expressly stipulated

Provision made for RSL NSW to fund District Council operations where funding from constituent sub-Branches proves insufficient

New Section 14 DISTRICT PRESIDENTS’ COUNCIL added to expand on powers and responsibilities of this new body

Minor wording changes, and typographic errors corrected

Sub-Branches

Forster Tuncurry RSL sub-Branch

Agree

 

Bass Hill RSL sub-Branch

“13.9 As stated above.  Clarity required here as we will often meet with political members of parliament and such in advocating for good as well as when working with grants committees and the like.  Define a political meeting so it does not tie our hands as well as removing the conflict with clause 3.5(a)

 

See comments under 3.5(a)”

 

Lower North Coast District Council

Disagree

“13.47 needs rewording so that both Delegate and Alternate are entitled to attend General Meetings including the Annual General Meeting but only one has the right to vote.

 

Sub-Branch accounts and Sub-Branch audit

13.29 and 13.38 have incorrect references to the ACNC Act and Regulation

Comment/discussion point:  Where the reference is to the Australian Charities and Not-for-profits Commission Act 2012; and Australian Charities and Not-for-profits Commission Regulation 2013): the RSL NSW draft constitution has the words as ‘Not-for-Profit’ (uses a capital ‘P’ instead of a small ‘p’ and omits the small letter ‘s’).  This is not how the title of the act is written.

Wingham sub-Branch Recommendation:  That the correct form of the titles of the Acts be used in the draft constitution.

 

13.29 and 13.38 discuss the requirement for sub-Branch executives to ensure that proper records are kept in accordance with the relevant Acts and Regulations.  The two clauses are virtually identical except that clause 13.29 is under the heading ‘Sub-Branch accounts’ and clause 13.38 is under the heading of Sub-Branch audit.

Comment/discussion point:  This seems to be an unnecessary duplication.

Wingham sub-Branch Recommendation:  That clause 13.38 be deleted as superfluous.  ”

 

Gloucester RSL sub-Branch

Disagree

“Under Para 13.319b) The proposed constitution. Include after charitable objects ‘’ Aims and Objects of the League”

The Aims and Objects of the League are being ignored throughout the document.

Clause 13.2 after the words “RSL NSW “insert the word “Service” on both occasions.

Clause 13.4 (c) delete all words after “RSL NSW Sub Branch “

Clause 13.5 (c) (ii) after the word “and “ and before the word “ accordance “ insert the word “in “.

Clause 13.5 ( c ) ( iii) after the word “any “ and before the word “under “ insert the words “RSL NSW Officer”.

Clause 13.5 ( d ) after the word “ any “ and before the word “ direction” insert the word “ lawful “.

Clause 13.6 after the word ‘all ‘ and before the word “Sub Branch “.

Insert the word “ appropriate “.

Clause 13.8 (c ) after the words “ property is “ and before the word “applied “ insert the word “ appropriately “.

Clause 13.11 delete words “ a member of “ after the words “ until the” insert the words “elections held in the next election year “, then delete all words from and including “ closing “ to the word “at ‘.

Clause 13.12 ( b ) after the word “ Executive “insert the word

“ Member “.

Delete the words “ the State Secretary of “ after the word “ immediately “  insert the words “ or on any date specified in the notice “.

Clause 13.12 ( f ) delete.

Clause 13.13 after the word “ Executive “ on the first, third and fourth occasions insert the word “ Member “, the word Change 13.12 (b )- ( f ) to 13.12 ( b ) – (e ) . ”

 

Grafton RSL sub-Branch

13.6 all property owned by sub Branch prior to the establishment of the Act in 2011, which formed the Charity Status, gained from local sources, is to be expended on local charitable services and facilities in the event of the sub-Branch disbanding. The remaining monies are then to be transferred to State. There also does not appear to be any mention re the formation of chapters

 

City of Sydney RSL sub-Branch

Agree

 

Mosman RSL sub-Branch

Disagree

“Clause 13.5 (ii) Must include sub-Branch Trustees.

Clause 13.30: First line, insert “bank” between “separate” and

“account”.

Clause 13.39 (b) “Subsidiary” is not a defined term and must be so in

Appendix A.

Clause 13.46. Delete the word ‘may” and insert the word “must”

Clause 13.50. Reinforces the requirement for RSL NSW to issue SOPS

for sub-Branches before the draft Constitution is approved.

Clause 13.54. Insert: “Trustees will be endorsed at the next meeting of

the sub-Branch”

Clause 13.74. Really, does the Board want to have to deal with

approving every item of > $5000 that the sub-Branch Trustees, who

know better than the Board, the circumstances of the transaction?

Surely the Board has better things to do. A better limit might be

$10000.00.

Clause 13.77. Again the lower limit is $5000, why? They say the subbranch

can make donations or gifts of maximum of $5000 each with a

maximum of $50,000 a year. Why not just say a maximum of $50000

per year? The sub-Branch may have a goal of supporting an approved

recipient up to $50000.This rule will simply force them to make a series

of donations or gifts of up to $5000.

Clause 13.77 Agree with the loan provisions.”

 

Wyong RSL sub-Branch

Agree

Staying as is meets member preferred model

 

Cumberland RSL sub-Branch

Disagree

“13.31 – unachievable a,b,c,d

13.74 – board consent?

13.77 – share portfolios not applicable

13.78 – Trustees approve not Board

13.79 c – Clarify”

 

Chatswood RSL sub-Branch

Agree

“Page 28 – c13.13: Line 4 replace “a Sub-Branch members” with “of Sub-Branch members”.

Page 33 – c13.44[d]: In the event of winding up of a sub-branch, it would be appropriate for RSL NSW to consult with the members of that sub-branch regarding the distribution of residual assets to local causes that meet the Charitable Purpose, so that the local community benefits from the past operation of that sub-branch. Page 34 – c13.52: Needs clarification; should it read:

Each unincorporated sub-branch must appoint and at all times have either:

  1. a) Three Service Members; or
  2. b) RSL Custodian; or
  3. c) Two Service Members and RSL Custodian.”

 

Hornsby RSL sub-Branch

Agree

“Clause 13.18: In its present form, Appendix C properly addresses the conduct of General Meetings of members at (RSL NSW) Branch level. Rather than stating that Sub-Branch meetings be conducted “in accordance with the relevant provisions”, it is preferable to expressly identify which of the provisions of Appendix C apply to Sub-Branch general meetings.

Clause 13.74ff: This whole section of the DRAFT is inappropriate for a Constitution and the constraints are unworkable and archaic.

See separate paper prepared by Hornsby Sub-Branch.”

 

Berowra RSL sub-Branch

Agree

“13.5 (iii) – Add after “”any”” “”person or organisation””

13.15 – Remove page break after line

13.3, line 1 – Add after “”separate”” the word (bank), after the word “”accounts”” insert “”in the name of the sub-Branch””

13.35, line 1 – Insert the word “”is”” after “”if it””

13.36 line 1 – After word “”access”” remove words “”at all times”” and insert “”with reasonable notice and times””

13.42 – Insert sub clause (d) – “”all property and assets transferred in amalgamation with another sub-Branch must be applied for Charitable Purpose””

13.47 line 1 – insert comma after “”sub-Branch”” and after “”Constitution””

13.47 line 3 – Insert after “”attends”” words “”and to vote at””

13.52 insert sub clause (d) two Service Members and Affiliate Member

13.53 – Change the word President to Executive as this will involve decision by the Executive Committee

13.57, line 2 – Remove the word “”resolve”” line 2

13.66 (c), line 2 – remove the word “”further””

13.77 Question level of income/expenditure – Large sub-Branch

13.83, line 2 – remove comma after “”year”””

 

New England District Council

Agree

 

Narromine RSL sub-Branch

” Clause 13.30 – “Each sub-Branch must open a separate account or accounts etc  etc.” Whilst in principle we agree with this clause, what about the situation where small amounts are given for specific purposes e.g. a grant of up to a couple of thousand dollars or a donation for a few hundred dollars for a specific purpose? This clause would mean that a special bank account would have to be opened and then closed again all within a few months following the grant’s expenditure and acquittal or expenditure on the smaller item. Our Sub-Branch feel that a minimum amount should be specified of say $2,000 before this Clause comes into force.

Clause 13.31 (b) – “Subject to the written consent of the Board donate such money or funds to a charitable appeal or organisation with like charitable objects.” Our Sub-Branch objects to these words because we believe that providing we comply with the charitable purposes requirements and are within the funding limit guidelines, our members should be able to donate to whatever charity we like. As an example, we have donated to Legacy, Everyman’s’, The Prostate Foundation and to local schools for their end of year graduation days.

Clause 13.46 – “Each Sub-Branch may indemnify its Sub-Branch Executive etc”. The wording is somewhat confusing when it refers to the indemnity provisions in Clause 15 which state that each RSL NSW Officer is indemnified by RSL NSW. Our question revolves around the fact that if the Board believe that the sub-Branches are the core of RSL NSW, then all sub-Branch executive members are in fact RSL NSW Officers (see Definitions) and as such already covered in the wording of Clause 15 and therefore our Sub-Branch asks is there in fact a need for this Clause 13.46? Clause 13.47 – Our sub-Branch very strongly  disagrees with the final words of this Clause “one of whom will be entitled to attend the Annual General Meeting and any General Meeting”. We fully understand that only one Delegate is entitled to vote at these meetings, however we point out that many sub-Branches send a Delegate and an Alternate Delegate so that if the Delegate has to leave the room for whatever reason, the Alternate Delegate can stand in and vote because he/she has been present and has listened to the debate. Additionally, the Delegate and the Alternate Delegate can confer on a contentious issue and together decide the best way to vote on behalf of their own sub-Branch members. Clause 13.52 -13.81 – Appointment and duties of Sub-Branch Trustees. Right throughout almost all of these Clauses, they refer to property, that is, real estate. Our sub-Branch does not actually own any real estate. Our assets are held in cash, in two term deposits and a working account with NAB. Clause 13.77 (c) – ………”invest money totalling $5,000 or more in any one calendar year – without prior written consent of the Board” etc. Our sub-Branch has two term deposits, one of $175,000 and another of $30,000. These term deposits and our working account are our only assets. This clause would make us have to get prior written consent from the Board to reinvest them each time and therefore our Sub-Branch objects to this Clause on that basis. ”

 

Far Southern Metropolitan District Council

13.9 Non Political 13.51 Admin Costs & Operational Procedures 17.0 Question: What happens with the sub-Branch Members & Payments, etc.?

 

Peter Cousins, City of Newcastle RSL sub-Branch RSL sub-Branch

Disagree

Cl.13 In brief, what I’m suggesting is that sub-Branches be offered a choice of when their governing body is to be elected.  I see the basic options as: 1. Three year terms, all position-holders being elected concurrently; or 2. Three year terms, but with staggered elections over that time; or 3. Single year terms with annual elections.  Other multi-tier entities provide for various options within their constitutions/rules for their subsidiaries, etc to operate under.  I see no reason why RSL NSW cannot also offer this flexibility to its sub-Branches. If it be agreed that sub-Branches be provided flexibility with options concerning their elections, I suggest that what follows could be suitable amendments to provide for a three year term, staggered elections model. Insert new sub-clauses: 13.11     (a) Notwithstanding 13.11 above, upon adoption of this constitution and concluding upon the closure of the third Annual General Meeting then following, sub-Branch Executive members shall retire as follows: (i) Secretary – At the first Annual General Meeting following adoption; (ii) President and Vice President/s – At the second Annual General Meeting following adoption; and (iii) Treasurer – At the third Annual General Meeting following adoption.  Note:   The positions rotation schedule may be changed if desired – this is for example only. 13.12     (a) the end of their term in accordance with whichever of clause 13.11 or 13.11 (a) above applies. Should the proposal be accepted (and on the basis of the assumed office-holder structure as above), an amended sub-Branch constitution may reflect something similar to what follows: Annual elections to the board2 shall occur, with approximately one third of positions being declared vacant each year such that each position becomes subject to election on a triennial basis as follows: (a) Secretary plus two other directors3 – At the first Annual General Meeting following adoption of this Constitution and at every third Annual General Meeting following; (b) President and Vice Presidents – At the second Annual General Meeting following adoption of this Constitution and at every third Annual General Meeting following; (c) Treasurer plus two other directors – At the third Annual General Meeting following adoption of this Constitution and at every third Annual General Meeting following.

 

Castle Hill & District RSL sub-Branch

Disagree

“Clause 13.4 (b) Add: “initially have enough Service Members to form an Executive and include an additional 10 Service Members.”

13.5 (c) ii: include sub-Branch Trustees.

Clause 13.6. Amend “must ensure to: “must take reasonable steps to ensure”.

Clauses 13.25 – 13.27: Incorporation is a major issue that will govern numerous subsequent responsibilities of sub-Branches, therefore, this section should be separated and re-positioned as a Part of its own.

Clause 13.31. add: “any funds consequently excess to requirements through Assistance Funding will be returned to Defence Care as a Charitable Purpose.”

Clause 13.35: Add: ‘A sub-Branch may make a donation up to $7,500 and may make donations totalling $100, 000  in any one calendar year unless a total in excess of $100,000 is approved in a sub-Branch’s budget or separately by the Board to achieve the Charitable Purpose. These values will be indexed to CPI and the annual increase advised by the State Board.’

Clause 13.44 (b). Last line after RSL NSW delete “it may direct” and insert “the Board may direct”.

Clause 13.46. Line 1 delete “may” and insert “should”

Clause 13.53. Add: “Trustees will be endorsed at the next sub-Branch General Meeting.”

Clause 13.74 and 13.76: These clauses both govern and amend each other, creating a circuitous argument. 13.74 in particular places Trustees at risk of breach in the normal conduct of their obligations by seeking to impose additional authorisation of the application of sub-Branch assets into the hands of officers (the Board) external to the sub-Branch, and not responsible for the sub-Branch. In effect, this provision attempts to give authority to officers external to the sub-Branch, authority over assets owned by the sub-Branch and erodes the responsibilities of Trustees.

13.77 (a) Delete $5,000 and insert $7,500 and delete $50,000 and insert $100,000., add: ‘These values will be indexed to CPI and the annual increase advised by the State Board.’ This clause needs to be moved from Trustee provisions to sub-Branch because Trustees do not determine who receives a grant.

In the proposed SOPs, sub-Branch budgets should be restructured for an annual financial year to align with normal accounting procedures.

13.79 (C) SOPs should provide guidance for what is a ‘reasonable’ return on investment.”

 

Gunnedah RSL sub-Branch

Agree

 

Narrabri RSL sub-Branch

“13.4 (ii) Doesn’t allow for secretary/treasurer combined for smaller sub-branches.

13.35- 13.38 This will make it very expensive for smaller sub- branches and difficult to engage auditors in regional Australia as they are limited. The little monies that are fundraised will be spent on meeting this compliance direction.

13.54 President unable to be a Trustee yet he is responsible as the head of the sub-Branch for the sub-branch’s actions. Can the President be the “Custodian”?

 

Werris Creek RSL sub-Branch

“13.4 (ii) Disagree as it doesn’t allow for secretary/treasurer combined for smaller sub-branches.

13.5 – 13.6 Why a half page blank? Needs closing together.

13.29 remove the (to) or insert / between “obligations under to the Australian Charities” e.c.t e.c.t.

13.35- 13.38 Disagree: This will make it very expensive for smaller sub- branches and difficult to engage auditors in regional Australia as they are limited. The little monies that are fundraised will be spent on meeting this compliance direction.

13.41 after (b) proposed action doesn’t appear to join up with or belong anywhere. Should it be 13.41(c)?

13.47 Last sentence. Clarification needed. Only one can attend congress and meetings instead of the past both could attend, and the alternate only spoke of the designated delegate was absent from the room/meeting.

13.52 “Custodian” What is this? Same role as “Patron”?

13.54 Disagree: President unable to be a Trustee yet he is responsible as the head of the sub-branch for the sub-branch’s actions. Can the President be the “Custodian”?

13.55 Confused. Current President/Trustee must be removed under 13.54 however how to remove same is not covered in 13.55.

13.74 (b) Disagree: Under the trustee’s act and as per 13.66 (must act in the best interest of who they represent, (the sub-branch). See also 13.79 (c)

Due to 13.54-13.74 ambiguous and confusing we disagree with 13.86 we will however agree to its intent when previous concerns have been clarified.

 

Terrigal Wamberal RSL sub-Branch

Agree

 

Toukley RSL sub-Branch

Disagree

“Clause 13.4 (b) Does this mean that a small Sub-branch in a country town cannot be established without 10 service members?

Clause 13.42  It is physically impossible in most SB’s to have a meeting of ALL members.  Delete “of all members of the Sub-Branch” and insert “present at a meeting called to discuss the proposal to cease operation”.

Clause 13.54.  In most Sub-branches the Presidents are Trustees.  Trustees should be appointed by the members who should be able to select any suitable service member.

Clause 13.74  Big brother is controlling you!  WHY?

In Sub-clause (b) delete “written consent of the Board” and insert “approval of a General Meeting of the Sub-branch”.

Clause 13.77.  Not real happy with the financial limits placed on Trustees.  That should be left to a General Meeting of the Members.

Why is it necessary to have District Councils and District President’s Council?  Are we being over governed?”

 

Doyalson Wyee RSL sub-Branch

Disagree

In many cases the sub-Branch president is a Trustee

 

The Entrance Long Jetty RSL sub-Branch

Concerns for the limited time a sub-Branch member can hold Executive positions. Small sub-Branches may have difficulty filling vacancies if you have to change after a set period. Should be open-ended as long as the members are agreeable.

 

Blue Mountains District Council

Disagree

“Note sub-Branches also must operate (where appropriate) within their Communities and further the Aims of the RSLNSW by working with and supporting those communities.

Note sub-Branches where in premises provided by the community may have a negotiated clause in “sub-Branch Property – that permits all Property, assets, accounts and memorabilia, on the cessation of the sub-Branch operating as an RSL NSW entity, to be returned to an organisation within their community.”

 

Bingara RSL sub-Branch

Agree

“Are the SBA’s part of the Audit?  Or are they a separate process?

Costs incurred for the smaller sub-branches having to use a member of the Institute of Chartered Accountants will find that any money that they do have will be taken up by Accountant Fees.  Please clarify how we as a small sub branch are expected to pay these fees (minimum quote has been approx.$1000 and above and if we need to have the SBA’s audited separate from the actual audit of our books we will be financial dire straits within a couple of years.  ”

 

Eastern Metropolitan District Council

Agree

There was general agreement on the proposed structure of Sub-Branches, however members would like to know the implications of incorporation, it’s effect on the requirement for Trustees and the prohibition of the President to be appointed as a Trustee as stated in 13.54,

 

Monaro & Far South Coast District Council

Agree

 

Northern Beaches District Council

Disagree

Clause 13.27 relates to sub-Branch incorporation. The word ‘’may’’ should be replaced with ‘’will’’. Incorporation provides protection from legal lability for Committee Members, Trustees and Members. If Clause 13.26 is complied with, it would be irresponsible for the Board to reject the request as they could potentially face problems, if action is taken against an unincorporated sub-Branch at a future date.

 

Matraville RSL sub-Branch

Agree

 

Central Southern District Council

Agree

“Incorporation Option

CSDC S Br welcomes the option of making decision to incorporate or not to incorporate.

2.

Model  Sub Br Constitution for Incorporated associations plus simple guidelines are requested for uniformity within RSL NSW.  The CSDC CONSIDERS THIS TO BE VERY HIGH PRIORITY to be available for Congress.

CSDC welcomes and is aware that Bill Hardman is currently developing a draft Model Constitution for those SBs who elect to incorporate as companies limited by guarantee.

3.

Process / Procedure to incorporate

 

Not complicated, ANZAC House could produce a template.  Alleviates trustee responsibility / vulnerability.

4.

Question:  Is there a requirement for RSL NSW to provide an AUSPICE agreement between S Br and RSL State Branch for those that choose to incorporate?

5.

Note:  Register as Charity as a benevolent Soc. which allows to apply for DGR (Deductible Gift Recipient)

6.

Timeline:  required for incorporation etc.”

 

Intra-Mural District Council

Disagree

“Cl 13.4 (a) Executive Committee

Cl 13.5 (c) (ii) line 2 insert “..Member sub-Branch Trustees”

Cl 13.5 (c) (iii) “..to any RSL NSW Officer ..”

Cl 13.5 (c) (iv) “..Executive and a sub..”

CL13.7 REWORD “In consultation with RSL NSW and with the prior

approval of the Board, a sub-Branch may establish a Chapter in a

neighbouring area that does not have a sub-Branch.”

Cl 13.8 line 1 “..a sub-Branch..”

Cl 13.31 (b) REWORD: “donate such money or funds to a charitable

appeal or organisation with like charitable objects, subject to receipt of

the prior written consent of the Board;”

Cl13.35 line 1 What should it be? ”If it is.. ” OR “It is..”

The vast majority of small sub-Branches could not afford to hire an

external Auditor (if there are any in little country towns). If it is

necessary, RSL NSW should arrange a list of Auditors, at a reasonable

negotiated cost (but payment would still be a problem)

Cl 13.41 (a) ”.. attend meetings..”

Cl 13.42 line 1 Does this mean a unanimous decision by each and every

Member of the sub-Branch? OR a majority of all Members? OR a

majority of Members at a meeting?

Cl 13.45 line 2 ‘..to a sub..”

Cl 13.46 The sub-Branch MUST indemnify the personnel

Appointment of sub-Branch Trustees

Cl 13.52 line 1 delete the word “either” (there are 3 choices)

Cl 13.55 line 1 “..be Trustee..”

Cl 13.55 line 3 “..as a Trustee..”

Cl 13.57 line 3 “..new Trustees..”

Cl 13.58 for consistency with para 13.52 (b) delete “Pty Limited”

Cl 13.58 line 2 “..as a Trustee..”

Cl13.59 line 3 “..as Trustee..”

Duties and Obligations of a Trustee

Cl 13.66 line 1 “..Branch Trustees..”

Cl 13.68 line 3 “..as Trustee..”

Cl 13.79 line 2 “..a Trustee..”

Cl 13.79 (b) line 1 delete the words “that the sub-Branch Trustees

ensures” (already included in Cl 13.79 line 2)

Cl 13.82 line 2’..at a general..””

 

Riverina District Council

Disagree

“13.4 (a) (iii) There should be listed a number for the election of Vice Presidents, namely two (as has been the previous composition) and not open as there could be opportunity for some sub-Branches to have numerous Vice Presidents. This will also extend the election process.

13.37 We believe that, as has happened previously, an RSL member could audit the financial statements, especially if they have a financial background. We have also been advised previously that two members of the sub-Branch can view and audit the financial records. Pt 13.37 statement acknowledges that all sub-Branches uses an external auditor. We have previously been advised that if earnings are less than $50,000 annually an external auditor is not required and the financial statements can be audited internally at a sub-Branch level.

13.39 Nowhere does it say in this section that a copy of the SBAs are to be forwarded to the District Council Secretary and also a copy kept for the sub-Branch records.

 

Bondi Junction/Waverley RSL sub-Branch

Disagree

To numerous to comment.

 

Hunter Valley District Council

Disagree

“Clause 13.4 specifies the types of members who can hold Executive positions, including Affiliate members.

Clause 13.10 it specifically mentions a Service member who has been subject to a disciplinary resolution may not hold an Executive position, unless the Board approves. Why does this not apply to Affiliate members on the Executive?

Clause 13.52 (a) requires Trustees to be Service Members, however 13.54 says any member of the Executive other than the President may be appointed as a Trustee. This is inconsistent, as 13.54 could be interpreted to mean an Affiliate could be a Trustee.

 

Bellinger River RSL sub-Branch

Agree

 

Queanbeyan RSL sub-Branch

“Page 26 13.4 (b) -add “”and”” at the end. Above 13.6. Should the heading commence with “”Sub-Branch”” (as shown) or “”sub¬Branch? Page 27 Second heading -there is a typo: i.e. “”Sub-Branch”” 13.8 (a) -at the end -delete comma and insert semi-colon. 13.12 (a) -at the end -delete the word “”above””

Page 28 Are Management Committee meetings still legal? This question is specifically requested by our President, who can explain. Page 30 13.28 -the last three (3) words i.e. “”to do so”” should be deleted. Page 31 13.31 (b) -we believe this sub-clause should only apply to any amount over $5000.00 13.35 -delete “”it”” (second word.) Page 32 13.39 (a) -line 1 -delete ‘SBA 1 through SBA3’, the word “”and”” plus the word “”other””. 13.41 (a) -add “”and”” at the end.

13.42 (c) -delete the last word i.e. “”above””. Page 33 13.44 (c) -line 2 -spacing error in the figures, i.e. 13 .44(b). 13.47 -should this include District Council? Page 36 13.73 -delete the word “”above””. Page 37 13.77 (a) is not understood -please explain. Page 38 13.82 -line 2 -delete “”and”” and insert “”a””. ”

 

Sussex Inlet RSL sub-Branch

“It is now a relatively straightforward process for smaller local community organisations to become an incorporated entity. Sub-Branches to date have beeb trying to work through this issue themselves when it would be much more effective and efficient if some leadership by RSL NSW could be taken as a state-wide initiative.

It would not be hard to work up a standard incorporation model for sub-Branches with a constitution adopting the Charitable Purpose under the RSL NSW Constitution, for use by any sub-Branch who wishes to take up that option. Obviously for the larger sub-Branches who wish to take up that option. Obviously for the larger sub-Branches, forming a Company Pty Ltd may be a better option but the principles remain the same.

Recommend RSL NSW develop a standard template for an incorporated sub-Branch option that adopts the Charitable Purpose or RSL NSW to provide consistency of governance across the state, and that all that is needed is for sub-Branch to adopt the standard RSL NSW sub-Branch Incorporated Entity Model and have its Charter confirmed rather then real property currently held on behalf of the sub-Branch by RSL Custodian Pty Ltd is returned to the sub-Branch to be legally held by the incorporated sub-Branch.

Recommend this matter is addressed at the same time that the Constitution is brought forward to be adopted and the standard sub-Branch incorporation model accompanies the document as an Annexure to the Constitution.

13.5 (ii) recommend male reference to reimbursement of out of pocket expenses being undertaken in accordance with any Operational Policies and Procedures, not just sub-Branch expenditure policy. This provides local accountability for operational expenditure.

Clause 13.15 recommend that the sub-Branch Executive ‘may’ delegate any of its powers to a committee. A sub-Branch Executive should not be compelled to delegate its powers.

Under Clause 13 it is particularly important if an Auxiliary is involved in fundraising under the sub-Branches Authority to Fundraise the accountability arrangements under the Constitution, including financial accountabilities such as annual financial returns and reports. There are weak linkages in understanding the role of the State Council of Auxiliaries as a co-ordinating body and its role and function, which needs to be clear to ensure there is no confusion as to accountability of sub-Branch Auxiliaries – Responsibility sub-Branch or Auxiliary.

Recommend that the Constitution establish the sub-Branch powers in relation to Auxiliaries and the functions that they perform. Also recommend that the clause is amended to state a sub-Branch may establish an Auxiliary but it should not be compelled to do so, it should be at the sub-Branch discretion.

There is no mention of the RSL Day Clubs in the draft Constitution but at the local sub-Branch level it would be useful to articulate their role and how they relate to the sub-Branch. We support our RSL Day Club through the use of our Hall so it would be important to understand if there are any direct accountabilities or functions for the sub-Branch into the future. Under Clause 13 recommend establish the sub-Branch powers in relation to Subsidiaries (as defined) and the accountabilities which bind the sub-Branch.

Clause 13.54 allows for sub-Branch Executive other that the President to be appointed as a Trustee. This is not supported as the Trustee must act in accordance with the Trustees Act 1925 and should not be confused with the role of a sub-Branch Office Bearer. In unincorporated entities this separation ensures a level of accountability that would otherwise not exist. Recommend that a sub-Branch Executive must not also be a Trustee. Note: RSL Custodian as a Trustee.”

 

Coogee Randwick Clovelly RSL sub-Branch

Disagree

“13.4 Officials should be able to hold 2 positions if necessary

13.54 Any member can be a Trustee”

 

City of Bankstown RSL sub-Branch

Disagree

“Clause 13.2 After the words “RSL NSW” insert the word “Service” on both occasions.

Clause 13.4(c) Delete all words after “RSL NSW sub-Branch”

Clause 13.5(c) (ii) After the word “and” and before the word ”accordance” Insert the word “in”.

Clause 13.5(c) (iii) After the word “any” and before the word ”under” Insert the words “RSL NSW Officer”.

Clause 13.5(d) After the word “any” and before the word ”Direction” Insert the word “lawful”.

Clause 13.6 After the word “all” and before the word ”sub-Branch” Insert the word “appropriate”.

Clause 13.8(c) After the words “property is” and before the word ”applied” Insert the word “appropriately”.

Clause 13.11 delete words “A member of” after the words “until the “ insert the words “elections held in the next election Year,” then delete all words from and including “closing’ to the word “at”.

Clause 13.12(b) after the word “Executive” insert the word “Member”

Delete the words “the State Secretary of” After the word “immediately” insert the words “or on any date specified in the notice”.

Clause 13.12(f) Delete.

Clause 13.13 after the word “Executive” on the first, third and fourth occasions insert the word “Member”, Change 13.12(b)-(f) to 13.12(b)-(e).

Clause 13.17 and 13.18 does not relate well to Appendix C.

Clause 13.22 Delete the word “the Law”.

Clause 13.22(b) after the word ”Property” add the words “of the two sub-Branches”.

Clause 13.23(c) replace “attached to” in both occasions to “a member of”.

Clauses 13.25 to 13.27 Delete, because it would void the Deed of Accommodation.

Clause 13.29 Delete the word “to” after the words “obligations under”.

Clause 13.31 Delete the word in last paragraph “to” after the words “obligations under”.

Clause 13.35 add the word “is” after the words “If it”.

Clause 13.39(b) the word “Subsidiary” to be defined in Appendix A.

Clause 13.40(a) replace the word ”a” with “its” and add a letter “s” to the word “Delegate” and to the word “meeting”.

Clause 13.41(b) the words “a representative” replaced with “Delegate or Alternate Delegate”. Clause 13.45 after to the words “transferred to “ add the word “a”.

Clause 13.47 Replace the word “one” to “both”. See Definition Appendix A “Alternate Delegate”.

Clause 13.48 Delete the word “member”.

Clause 13.50 add after the “Delegate” add the words “and an Alternate Delegate”.

Clause 13.51 Delete

Clause 13.52(c) Delete the word “two” to “three” and add after the word “Custodians” “(as joint Trustees)”.

Clause 13.54 Delete.

Clause 13.57 After the words “sub-Branch President” delete the words “as the settlor of the sub-branch trust”.

Clause 13.77(a), (b) and (c) the dollar amounts should as a minimum at least be doubled.

Clause 13.82 Replace the word “an” with the word “a”.”

 

Northern Metropolitan District Council

Disagree

“1. 13.12 (f) Removal of sub-Branch Executive – somewhere in this clause

it should mention “just cause” as removal by the Board needs to have

some reason or justification.

  1. Addition of 13.12 (g) Removal of sub-Branch Executive by sub-Branch

members by showing just cause and by majority vote.

  1. 13.39 Sub-Branch annual returns – add possible sub-clause (e) lodge

copy of SBA1, SBA2 & SBA3 with District Council. If DC’s are to

monitor and track how can this be achieved if copies not received?

  1. 13.82 Removal of sub-Branch Trustee – somewhere in this clause it

should mention “just cause” as removal by the sub-Branch needs to

have some reason or justification.”

 

Davistown RSL sub-Branch

Agree

 

Ballina RSL sub-Branch

“13.4 Not desirable, but for sustainable compliance. Consideration should be given for an Executive minimum of 3 members. With regard t0 the positions of Treasurer, Secretary and Vice President any two of these position can be held by one person, with only one dual positioned executive member of the Executive Committee at any one time.

13.5 All following sub-clauses of 13.5 are superfluous. Already well covered in earlier clauses.

13.6 Another superfluous clause.

13.8 Sub-clause (b) is not consistent with 9.27 (b), conflicting clauses must be avoided.

13.30 For explanatory purposes; Can the referenced account be a bookkeeping account, or must it be a separate bank account?

13.77 I suggest use of amounts in constitutions is not ideal being difficult and un-timely to amend.

Better positioned in Standard operating Procedures. The constitution could instruct that limits are to be set and published in the appropriate operations document.

 

Far South Western District Council

Disagree

“13.35 small sub branches, CPA?

Financial minimum

13.54 trustees; can affiliates be trustees?

 

Do small sub-Branches really need a CPA?”

 

Central Coast District Council

“Concerns for the limited time a sub-Branch member can hold Executive positions. Small sub-Branches may have difficulty filling vacancies if you have to change after a set period. Should be open-ended as long as the members are agreeable.

Clause 13.4 (b) Does this mean that a small Sub-branch in a country town cannot be established without 10 service members?

Clause 13.42  It is physically impossible in most SB’s to have a meeting of ALL members.  Delete “of all members of the Sub-Branch” and insert “present at a meeting called to discuss the proposal to cease operation”.

Clause 13.54.  In most Sub-branches the Presidents are Trustees.  Trustees should be appointed by the members who should be able to select any suitable service member.

Clause 13.74  Big brother is controlling you!  WHY?

In Sub-clause (b) delete “written consent of the Board” and insert “approval of a General Meeting of the Sub-branch”.

Clause 13.77.  Not real happy with the financial limits placed on Trustees.  That should be left to a General Meeting of the Members.

Why is it necessary to have District Councils and District President’s Council?  Are we being over governed?”

 

Maclean RSL sub-Branch

Agree

 

South West Rocks RSL sub-Branch

Disagree

“13.8 who are the directors

13.44 will not support handing over sub branch property no exceptions

13.52 no liability for trustees”

 

FWMDC sub-Branch A.

“13.4(a)(i/ii/iii) ….must be a financial attached Service Member who declares their voting rights to that sub-branch to be elected by the sub-Branch to the Executive in accordance with 13.9.

13.35 first phrase: ‘If it is necessary for….’missing ‘is’

13.39(d) Delete in total. District Councils are being funded from RSL NSW. An old system that causes more trouble and effort than benefit to pay and account for $1”

 

FWMDC sub-Branch C.

Disagree

“CLAUSE 13.2 AFTER THE WORDS “RSL NSW” INSERT THE WORD “SERVICE” ON BOTH OCCASIONS.

CLAUSE 13.4(C) DELETE ALL WORDS AFTER “RSL NSW SUB-BRANCH”

CLAUSE 13.5(C) (II) AFTER THE WORD “AND” AND BEFORE THE WORD “ACCORDANCE” INSERT THE WORD “IN”

CLAUSE 13.5(C) (III) AFTER THE WORD “ANY” AND BEFORE THE WORD ”UNDER” INSERT THE WORDS “RSL NSW OFFICER”

CLAUSE 13.5(D) AFTER THE WORD “ANY” AND BEFORE THE WORD ”DIRECTION” INSERT THE WORD “LAWFUL”

CLAUSE 13.6 AFTER THE WORD “ALL” AND BEFORE THE WORD ”SUB-BRANCH” INSERT THE WORD “APPROPRIATE”

CLAUSE 13.8(C) AFTER THE WORDS “PROPERTY IS” AND BEFORE THE WORD ”APPLIED” INSERT THE WORD “APPROPRIATELY”

CLAUSE 13.11 DELETE WORDS “A MEMBER OF” AFTER THE WORDS “UNTIL THE “ INSERT THE WORDS “ELECTIONS HELD IN THE NEXT ELECTION YEAR,” THEN DELETE ALL WORDS FROM AND INCLUDING “CLOSING’ TO THE WORD “AT”.

CLAUSE 13.12(B) AFTER THE WORD “EXECUTIVE” INSERT THE WORD “MEMBER”

DELETE THE WORDS “THE STATE SECRETARY OF” AFTER THE WORD “IMMEDIATELY” INSERT THE WORDS “OR ON ANY DATE SPECIFIED IN THE NOTICE”.

CLAUSE 13.12(F) DELETE

CLAUSE 13.13 AFTER THE WORD “EXECUTIVE” ON THE FIRST, THIRD AND FOURTH OCCASIONS INSERT THE WORD “MEMBER”, CHANGE 13.12(B)-(F) TO 13.12(B)-(E)

THE SUB-BRANCH CONSIDERS THAT THE RELEVANT REVISIONS OF APPENDIX “C” ARE VERY CONFUSING WHEN THE WORDS, ANNUAL CONGRESS, ANNUAL GENERAL MEETING, GENERAL MEETING MEANINGS ARE OVERLAPPED AND VIRTUALLY THE SAME.  IN CLAUSE 25 OF APPENDIX “C” THE QUORUM OF (50) RELATES TO WHAT?

IN REGARD TO ALL THE PROVISIONS UNDER CLAUSE 13 IT IS NOTED THAT THE OBLIGATIONS UNDER THE VARIOUS ACTS NEED TO BE SIMPLIFIED FOR SUB-BRANCH EXECUTIVES TO FOLLOW.

IT IS ALSO APPARENT THAT CLEAR DEFINITIONS OF THE CHARITABLE PURPOSE OF RSL NSW NEED TO BE PROVIDED.  IT IS NOTED  CLAUSE 3, ONLY OUTLINES GENERAL PROVISIONS TO COMPLY WITH THE CHARITABLE PURPOSE OF RSL NSW.

CLAUSE 13.54 THE SUB-BRANCH CONSIDERS THAT THIS CLAUSE SHOULD ONLY APPLY IF ALL AREAS OF CONFLICT OF INTEREST WITHIN RSL NSW ARE ADDRESSED  IE,  BOARD MEMBER SUB-BRANCH PRESIDENT.”

 

FWMDC sub-Branch D.

“13.59 Trustees: This is not workable, most Trustees are on the sub-Branch Executives, without them there would not be an Executive meeting, plus the Executives/trustees have the major influence at sub-Branch General Meetings.  ANZAC House is fully aware who holds Executive as well as Trustee positions, they have not questioned this in the past, so why bother having this by-law, even if it makes sense.

13.73 Conflict of Interest: Most sub-Branch Trustees are already in Conflict of Interest, ANZAC House is fully aware of this. Trustees, in most branches they are also on the Board of the club inc. where a deed exists. If the powers at ANZAC House continue to ignore the current situation, why bother putting it into a constitution. Why bother having Trustees.

13.77 Donations or Gifts: The Trustees in a great many sub-Branches are also the Members of the Executiv who sign the cheques? Again why bother having Trustees.”

 

FWMDC sub-Branch E.

Disagree

“13.26 – the word “and” should follow the last word in paragraph (a) and paragraph (b)

13.31 (b) – This should rewritten to say “donate such money or funds to a charitable appeal or organisation with like charitable objects, subject to receipt of the prior written consent of the Board;”

13.31 (c) – include Meritorious Service Medal

13.62 (b) – this paragraph should only read “other land or interests in other land,” and on the next line should be “file the Declaration with the General Registry of Deeds.”

13.77 (c) – We disagree with the concept of lending any person sub-Branch moneys”

 

FWMDC sub-Branch F.

Disagree

“Members Comments

Add at a new, 13.21 “Each sub-Branch membership shall decide the quorum for their General Meeting”

 

13.4, (a), (iii)

“in the sub-Branch’s discretion, at least one Vice-President who must be a Service Member”

Vice Presidents are tasked to represent the President and the Presidents position is restricted to service members.

As a result, we feel that “Vice Presidents” should be service members!

 

13.30

Inter alia “Each sub-Branch must open a separate account, or accounts for the purpose of depositing any money, proceeds or funds which have been received, requested, donated or bequeathed for a special or specific purpose”

Whereas “The Charity fundraising Act 1991.

ANNEXURE A CHARITABLE FUNDRAISING AUTHORITY CONDITIONS

Para 5, Sub para (4) as shown below,”

“For the purposes of section 20(6) of the Act, money is not required to be paid into an account consisting only of money raised in the fundraising appeals conducted by the same authorised fundraiser in the following circumstances:

1.

the money is paid into a general account of the authorised fundraiser held at an authorised deposit taking institution and accounting procedures are in place to ensure that money received in the course of a particular fundraising appeal can be clearly distinguished,”

Why must a sub-Branch open separate accounts when this is not required by the Act?”

 

FWMDC sub-Branch G.

13.35 sub-Branch Audit ”if it necessary” should read “if it is necessary’

 

FWMDC sub-Branch H.

13.4 There is no mention that a sub-branch executive appointed person can or cannot hold a position on the board of an associated licenced RSL Club.

 

FWMDC sub-Branch I.

“Clause 13 of the draft constitution – Sub branch has option to incorporate Clause 13.25

Clause 13.54, Why is the President excluded from being a Trustee, this was not the case in existing Constitution (clause 34.1). What if Trustee becomes a President after being appointed as a Trustee??

Clause 13.54- We believe it is correct, if the President is the appointor, how can he nominate himself/ herself?”

 

FWMDC sub-Branch L.

Disagree

“13.8 reads: The functions, duties and obligations of a sub-Branch are to be controlled and managed by the sub-Branch Executive who will:

(c) be responsible for ensuring, along with the Trustees of the sub-Branch, that the sub-Branch complies with its obligations under the Constitution including but not limited to ensuring that sub-Branch Property is applied to further the Charitable Purpose, and that such actions are within the parameters of the Trustee Act 1925; and

(d) have the power, without impeding the Trustees obligations and the Trustee Act 1925, to act on behalf of the sub-Branch and to bind the sub-Branch.

 

The Trustee Act 1925 infers that a Trustee can be removed by a court.  This would indicate that clause 13.82 in irrelevant as Trustees are bound by that Act.  Indeed, it could be replaced by:

13.82 A sub-Branch Trustee may at any time be removed as sub-Branch Trustee by court order as detailed in either the Trustee Act 1925 NSW or the sub-Branch’s Trust Deed.

This last phrase also negates the need for clause 13.85.  [I’m not aware of what happens to the Trust and the Trustees in the case covered by 13.84 where the sub-Branch ceases to continue to operate/exist.  Also, is 13.83 redundant as removal is covered in the deed document or the Act?]”

 

Mudgee RSL sub-Branch

Clause 13.45 – add word “a” before “sub-Branch”

Clause 13.54 – We believe that Trustees act as “Referees” to the executive, to have the Secretary or Treasurer as Trustee could be a ‘Conflict of interest’.

 

Southern Metropolitan District Council

Disagree

Clause 13.2 After the words “RSL NSW” insert the word “Service” on both occasions.

Clause 13.4(c) Delete all words after “RSL NSW sub-Branch”

Clause 13.5(c) (ii) After the word “and” and before the word ”accordance” Insert the word “in”.

Clause 13.5(c) (iii) After the word “any” and before the word ”under” Insert the words “RSL NSW Officer”.

Clause 13.5(d) After the word “any” and before the word ”Direction” Insert the word “lawful”.

Clause 13.6 After the word “all” and before the word ”sub-Branch” Insert the word “appropriate”.

Clause 13.8(c) After the words “property is” and before the word ”applied” Insert the word “appropriately”.

Clause 13.11 delete words “A member of” after the words “until the “ insert the words “elections held in the next election Year,” then delete all words from and including “closing’ to the word “at”.

Clause 13.12(b) after the word “Executive” insert the word “Member”

Delete the words “the State Secretary of” After the word “immediately” insert the words “or on any date specified in the notice”.

Clause 13.12(f) Delete.

Clause 13.13 after the word “Executive” on the first, third and fourth occasions insert the word “Member”, Change 13.12(b)-(f) to 13.12(b)-(e).

Clause 13.17 and 13.18 does not relate well to Appendix C.

Clause 13.22 Delete the word “the Law”.

Clause 13.22(b) after the word ”Property” add the words “of the two sub-Branches”.

Clause 13.23(c) replace “attached to” in both occasions to “a member of”.

Clauses 13.25 to 13.27 Delete, because it would void the Deed of Accommodation.

Clause 13.29 Delete the word “to” after the words “obligations under”.

Clause 13.31 Delete the word in last paragraph “to” after the words “obligations under”.

Clause 13.35 add the word “is” after the words “If it”.

Clause 13.39(b) the word “Subsidiary” to be defined in Appendix A.

Clause 13.40(a) replace the word ”a” with “its” and add a letter “s” to the word “Delegate” and to the word “meeting”.

Clause 13.41(b) the words “a representative” replaced with “Delegate or Alternate Delegate”. Clause 13.45 after to the words “transferred to “ add the word “a”.

Clause 13.47 Replace the word “one” to “both”. See Definition Appendix A “Alternate Delegate”.

Clause 13.48 Delete the word “member”.

Clause 13.50 add after the “Delegate” add the words “and an Alternate Delegate”.

Clause 13.51 Delete

Sub-Branches - ANZAC House Response

Clarification made that a sub-Branch president must be a service member

Steps required for a sub-Branch to incorporate are more clearly spelt out

Reporting and audit requirements for sub-Branches aligned with the ACNC’s requirements, with no additional requirements from RSL NSW. Specifically, the requirements for accounts to be audited every year will no longer apply to sub-Branches with assets less than $250,000. In these cases, members may still vote to have their sub-Branch accounts audited.

Clauses 15.53-15.60 added to provide important clarifying detail on sub-Branch property dealings

Links to standard operating procedures included

New Section 16 TRUSTEES added to expand on powers and responsibilities of sub-Branch trustees

Minor wording changes, and typographic errors corrected

Dispute Resolution and Disciplinary Procedures

Forster Tuncurry RSL sub-Branch

Agree

 

Gloucester RSL sub-Branch

Disagree

“If District Council cannot resolve the issue it should go direct to the State Branch Tribunal.

No need for District President Council

We agree with Disciplinary procedures however; there should be the right to appeal.   ”

 

Grafton RSL sub-Branch

Agree

 

City of Sydney RSL sub-Branch

Agree

 

Mosman RSL sub-Branch

Agree

 

Wyong RSL sub-Branch

Agree

 

Cumberland RSL sub-Branch

Disagree

15.1, 15.2, 15.4, 15.5

 

Chatswood RSL sub-Branch

Agree

 

Hornsby RSL sub-Branch

Agree

 

Lower North Coast District Council

Disagree

It is noted that there is no right of appeal regarding a decision of the tribunal – we feel that this is a contravention of natural justice

 

Brooklyn RSL sub-Branch

Agree

 

Berowra RSL sub-Branch

Agree

 

New England District Council

Agree

 

Castle Hill & District RSL sub-Branch

Agree

Agree with amendment -A right of appeal needs to be included in Appendix D

 

Gunnedah RSL sub-Branch

Agree

 

Narrabri RSL sub-Branch

Agree

 

Werris Creek RSL sub-Branch

No Comments

 

Terrigal Wamberal RSL sub-Branch

Agree

 

Toukley RSL sub-Branch

Agree

 

South Lake Macquarie RSL sub-Branch

Agree

 

Doyalson Wyee RSL sub-Branch

Agree

 

Blue Mountains District Council

Agree

 

Bingara RSL sub-Branch

Agree

 

Eastern Metropolitan District Council

Agree

 

Monaro & Far South Coast District Council

Agree

 

Northern Beaches District Council

Disagree

Annexure D – refer to amendment attached under Disciplinary Procedures which refers to Procedural Fairness and right of Appeal if proper procedures not adhered to.

 

Matraville RSL sub-Branch

Agree

 

Central Southern District Council

No Appeals avenue or process for the outcomes of the Disciplinary Tribunal processes included in Draft. There MUST be an avenue for challenges to procedural fairness to be heard. This is a requirement of the NSW DFT Incorp Association Act 2009

 

Intra-Mural District Council

Agree

 

Riverina District Council

Agree

 

Bondi Junction/Waverley RSL sub-Branch

Disagree

Provided that the tribunal is also required to consider appeals.

 

Hunter Valley District Council

Disagree

There must be an appeal process.

 

Bellinger River RSL sub-Branch

Agree

 

Queanbeyan RSL sub-Branch

14.2 (d) -spacing error at the end. Page 45 Cadets-we request this definition be checked. We are certain ADFA cadets and RMC cadets are ADF members but suggest who are nominally called school cadets are not part of the ADF. Sub-Branch Executive-at the end delete the”-” Page 48 At the end of (h) (i.e. “law”) add the word “and”. Page 50 14 (c) -our sub-Branch strongly believe any person dishonourably discharged should not be an RSL member and the Constitution should so reflect

 

Sussex Inlet RSL sub-Branch

This section is considered to be standard procedure

 

Coogee Randwick Clovelly RSL sub-Branch

Agree

 

City of Bankstown RSL sub-Branch

Disagree

“Clause 14.1(a) Replace the word “a” to “an RSL NSW”.

Clause 14.1(d) and (g) After the word “Executive” add “Member/s”.

Clause 14.1(e) After the word “Trustee” add “/s”.

Clause 14.1(h) After the words “District Council” add “/s”.

Clause 14.1(i) Delete.

Subsidiary and/or Auxiliary should be added to Clause 14.1.

Clause 14.2(d) After the word “Executive” add the word “Member”.

Clause 14.2(e) After the word “Executive” in two places add the word “Member/s”.”

 

Davistown RSL sub-Branch

Agree

 

Far South Western District Council

Agree

 

Maclean RSL sub-Branch

Agree

 

South West Rocks RSL sub-Branch

Agree

C: more clarification required

 

FWMDC sub-Branch A.

A right of appeal needs to be included.

 

FWMDC sub-Branch C.

  1. 1 (g) 14. 1 (i) REMOVE.IT IS CONSIDERED THAT THE APPOINTMENTS TO THE TRIBUNAL ARE AT TOO HIGH A LEVEL TO DEAL WITH LAY MEMBERS OF THE SUB-BRANCH. IT IS NOTED THAT WITH NO APPEAL RIGHTS ARE AVAILABLE FOR A DECISION MADE BY THE TRIBUNAL.

 

FWMDC sub-Branch F.

Disagree

“14 and Annex D

It is Noted in the current Constitution, there is Provision for sub-Branches to discipline members of their sub-Branch, as below. In the Draft Constitution this has been deleted.

“11. DISCIPLINARY POWERS OF SUB-BRANCH

11.1 A sub-Branch Committee which reasonably believes that a Member of the sub-Branch is guilty of Misconduct, may discipline, reprimand or suspend that member in accordance with the By-Laws.

11.2 A disciplinary hearing conducted by the sub-Branch Committee will be in accordance with the By-Laws.”

Given that inter alia “Justice delayed is justice denied; a legal maxim meaning that if legal redress available for a party is not forthcoming in a timely fashion, it is effectively the same as having no redress at all.”

It makes sense that local control is warranted to ensure rapid resolution, obviously, within limitations.”

 

FWMDC sub-Branch L.

Disagree

14.2 The power of the Board to act – to remove a Trustee.  As this seems contrary to the Trustee Act 1925, we suggest that mention in part ‘(e)’ of ‘sub-Branch Trustee’ be deleted.

 

Southern Metropolitan District Council

Disagree

Clause 14.1(a) Replace the word “a” to “an RSL NSW”.

Clause 14.1(d) and (g) After the word “Executive” add “Member/s”.

Clause 14.1(e) After the word “Trustee” add “/s”.

Clause 14.1(h) After the words “District Council” add “/s”.

Clause 14.1(i) Delete.

Subsidiary and/or Auxiliary should be added to Clause 14.1.

Clause 14.2(d) After the word “Executive” add the word “Member”.

Clause 14.2(e) After the word “Executive” in two places add the word “Member/s”.

Dispute Resolution and Disciplinary Procedures - ANZAC House Response

Minor wording changes, and typographic errors corrected

Significant amendments made to APPENDIX D – DISPUTE RESOLUTION AND DISCIPLINAY PROCEDURES, including a mechanism for decisions to be reviewed by a panel other than the RSL NSW Tribunal

Indemnity and Insurance

Forster Tuncurry RSL sub-Branch

Agree

 

Gloucester RSL sub-Branch

Agree

Sub Branches require their own insurance policies.

 

Grafton RSL sub-Branch

Agree

 

City of Sydney RSL sub-Branch

Agree

 

Mosman RSL sub-Branch

Agree

 

Wyong RSL sub-Branch

Agree

 

Cumberland RSL sub-Branch

Agree

 

Chatswood RSL sub-Branch

Agree

Page 39 – c15.1: Does this clause mean that sub-branches are no longer required to have separate insurance coverage for the “officers”?

 

Hornsby RSL sub-Branch

Agree

 

Lower North Coast District Council

Agree

 

Brooklyn RSL sub-Branch

Agree

 

Berowra RSL sub-Branch

Agree

15.2 (e-h) -Sub clause “e” through “h” are considered to be subsets of sub clause d

 

New England District Council

Agree

 

Castle Hill & District RSL sub-Branch

Agree

 

Gunnedah RSL sub-Branch

Agree

 

Narrabri RSL sub-Branch

Agree

 

Werris Creek RSL sub-Branch

“15.2 (d) We believe (e), (f), (g), and (h) should be (i), (ii), (iii) and (iv) under (d)

15.7 Query: What’s this about? Sub-branches pay on executive indemnity via Scott & Broad around May of each year?”

 

Terrigal Wamberal RSL sub-Branch

Agree

 

Toukley RSL sub-Branch

Agree

 

South Lake Macquarie RSL sub-Branch

Agree

 

Doyalson Wyee RSL sub-Branch

Agree

 

Blue Mountains District Council

Agree

 

Bingara RSL sub-Branch

Agree

 

Eastern Metropolitan District Council

Agree

 

Monaro & Far South Coast District Council

Agree

 

Northern Beaches District Council

Disagree

A drafting issue. Clause 15.2 – (e), (f), (g) and (h) should be subsections of (d)

 

Matraville RSL sub-Branch

Agree

 

Central Southern District Council

Clause 13.46 & Clause 15 (pgs. 33 & 39) Requires clarification – who is indemnified needs to be clearly stated. As a wider comment, insurance requirements as a whole need to be clearly enunciated – perhaps in an SOP.

 

Intra-Mural District Council

Agree

 

Riverina District Council

Agree

 

Bondi Junction/Waverley RSL sub-Branch

Agree

 

Hunter Valley District Council

Agree

 

Bellinger River RSL sub-Branch

Agree

 

Queanbeyan RSL sub-Branch

Page 51 The different ages in clause15 (1 Byo) and clause 16. (c) (17yo) warrants review.

 

Sussex Inlet RSL sub-Branch

This sections is considered to be standard procedure. Recommend it should be emphasised that this does not protect an individual member form criminal proceedings

 

Coogee Randwick Clovelly RSL sub-Branch

Agree

 

City of Bankstown RSL sub-Branch

Disagree

Clause 15.2 Change subclause (e), (f), (g) and (h) to (i),(ii),(iii) and (iv).

 

Davistown RSL sub-Branch

Agree

 

Far South Western District Council

Agree

 

Maclean RSL sub-Branch

Agree

 

South West Rocks RSL sub-Branch

Agree

 

Southern Metropolitan District Council

Disagree

Clause 15.2 Change subclause (e), (f), (g) and (h) to (i),(ii),(iii) and (iv).

Indemnity and Insurance - ANZAC House Response

Minor wording changes, and typographic errors corrected

Execution of Documents

Forster Tuncurry RSL sub-Branch

Agree

 

Gloucester RSL sub-Branch

Disagree

“There is not enough detail- should include:

The Directors of RSL NSW shall be bound by the provisions of section 1101C of the Corporations Act Law in respect of the preservation and disposal of State Branch’s records.ie, Registers, Financial Records, Other Records, Any exceptions Keeping of records.”

 

Grafton RSL sub-Branch

Agree

 

City of Sydney RSL sub-Branch

Agree

 

Mosman RSL sub-Branch

Disagree

“Clause 16.1 (b): Must be a senior employee, that is, someone who

understands what they are signing, not some junior employee

acquiescing to the boss.”

 

Cumberland RSL sub-Branch

Agree

 

Chatswood RSL sub-Branch

Agree

 

Hornsby RSL sub-Branch

Agree

 

Lower North Coast District Council

Agree

 

Brooklyn RSL sub-Branch

Agree

 

Berowra RSL sub-Branch

Agree

 

New England District Council

Agree

 

Castle Hill & District RSL sub-Branch

Agree

 

Gunnedah RSL sub-Branch

Agree

 

Narrabri RSL sub-Branch

Agree

 

Werris Creek RSL sub-Branch

No Comments

 

Terrigal Wamberal RSL sub-Branch

Agree

 

Toukley RSL sub-Branch

Agree

 

South Lake Macquarie RSL sub-Branch

Agree

 

Doyalson Wyee RSL sub-Branch

Agree

 

Blue Mountains District Council

Agree

 

Bingara RSL sub-Branch

Agree

 

Eastern Metropolitan District Council

Agree

 

Monaro & Far South Coast District Council

Agree

 

Northern Beaches District Council

Agree

 

Matraville RSL sub-Branch

Agree

 

Central Southern District Council

“SOP

 

  1. Very important that SOPS be available for Congress.
  2. Essential to be co-produced with new Constitution, as this is the working document

 

Intra-Mural District Council

Agree

 

Riverina District Council

Agree

 

Bondi Junction/Waverley RSL sub-Branch

Agree

 

Hunter Valley District Council

Agree

 

Bellinger River RSL sub-Branch

Agree

 

Sussex Inlet RSL sub-Branch

This is considered to be standard contemporary procedure

 

Coogee Randwick Clovelly RSL sub-Branch

Agree

 

City of Bankstown RSL sub-Branch

Agree

 

Davistown RSL sub-Branch

Agree

 

Far South Western District Council

Agree

 

Maclean RSL sub-Branch

Agree

 

South West Rocks RSL sub-Branch

Agree

 

Southern Metropolitan District Council

Agree

Winding Up and Dissolution

Forster Tuncurry RSL sub-Branch

Agree

 

Gloucester RSL sub-Branch

Agree

 

Grafton RSL sub-Branch

Agree

 

City of Sydney RSL sub-Branch

Agree

 

Mosman RSL sub-Branch

Agree

 

Wyong RSL sub-Branch

Agree

 

Cumberland RSL sub-Branch

Agree

 

Chatswood RSL sub-Branch

Agree

 

Hornsby RSL sub-Branch

Agree

“Clause 17: should be broadened to allow distribution of (other) property and assets, which were not the result of charitable fundraising, to another body or bodies having similar aims and objects. That recognises that RSL is more than just a charity.

See separate paper prepared by Hornsby Sub-Branch.

 

Lower North Coast District Council

Agree

 

Brooklyn RSL sub-Branch

Agree

 

Berowra RSL sub-Branch

Agree

 

New England District Council

Agree

 

Castle Hill & District RSL sub-Branch

Agree

 

Gunnedah RSL sub-Branch

Agree

 

Narrabri RSL sub-Branch

Agree

 

Werris Creek RSL sub-Branch

No Comments

 

Terrigal Wamberal RSL sub-Branch

Agree

 

Toukley RSL sub-Branch

Agree

 

South Lake Macquarie RSL sub-Branch

Agree

 

Doyalson Wyee RSL sub-Branch

Agree

 

Blue Mountains District Council

Disagree

See 14 above

 

Bingara RSL sub-Branch

Agree

 

Eastern Metropolitan District Council

Agree

 

Monaro & Far South Coast District Council

Agree

 

Northern Beaches District Council

Agree

 

Matraville RSL sub-Branch

Agree

 

Central Southern District Council

Agree

Clause 13.44.  Distribution of assets e.g. Memorabilia needs to be addressed.

 

Intra-Mural District Council

Agree

 

Riverina District Council

Agree

 

Bondi Junction/Waverley RSL sub-Branch

Agree

 

Hunter Valley District Council

Agree

 

Bellinger River RSL sub-Branch

Agree

 

Sussex Inlet RSL sub-Branch

“This section is considered to be standard procedure.

Recommend that if RSL NSW is to wind up and sub-Branch property held by RSL Custodian Pty Ltd should be returned to the Trustees of the sub-Branch (if unincorporated).”

 

Coogee Randwick Clovelly RSL sub-Branch

Agree

 

City of Bankstown RSL sub-Branch

Disagree

Clause 42.2 of current Constitution to be inserted into this draft Constitution as Clause 17.4.

 

Davistown RSL sub-Branch

Agree

 

Far South Western District Council

Agree

 

Maclean RSL sub-Branch

Agree

 

South West Rocks RSL sub-Branch

Agree

 

Southern Metropolitan District Council

Disagree

Clause 42.2 of current Constitution to be inserted into this draft Constitution as Clause 17.4.

Winding Up and Dissolution - ANZAC House Response

Minor wording changes, and typographic errors corrected

RSL NSW Policies and Procedures

Forster Tuncurry RSL sub-Branch

Agree

 

Gloucester RSL sub-Branch

Disagree

“Retain the current By Laws and amend them.

This is the history of amendments over the years when mistakes have been made or some short fall has been identified. Don’t just throw them out like State Branch has done with our Constitution.

Bit hard to comment if they have not been written, it’s like signing an open cheque.”

 

Grafton RSL sub-Branch

Agree

 

City of Sydney RSL sub-Branch

Agree

 

Mosman RSL sub-Branch

Disagree

“The initial Operational Policies and Procedures (OP&P) MUST be promulgated prior to approval of this draft Constitution. Otherwise the very good work that has gone into this version of the draft Constitution is wasted. We must know that the OP&P are consistent with the Constitution, given the recent past experience with RSL NSW we cannot be accepting of what is “handed down”. As for the future we can take some come comfort from the statement in Clause 18.3 that any changes will be published “as soon as practicable after they are made or adopted”. By the way how will they be promulgated? However, we

really need to understand the base OP&P committing to this Constitution and withhold any approval until they are received. Also, initial SOPs at all levels MUST be available BEFORE the draft Constitution is approved, albeit subject to amendment and improvement over time.”

 

Wyong RSL sub-Branch

Agree

Procedures need to assist SBs to comply

 

Cumberland RSL sub-Branch

Agree

 

Lane Cove RSL sub-Branch

“Policies and Procedures. These can be developed by management and by the Board but should

be approved by the Congress.”

 

Chatswood RSL sub-Branch

Agree

 

Hornsby RSL sub-Branch

Agree

“Clause 18.1: “resolve to adopt” instead of “pass a resolution adopting” please.

The provisions for General Meeting or Congress short allow the Congress to direct the Board to create/adopt an Operational Policy or Procedure, not inconsistent with the Constitution.”

 

Lower North Coast District Council

Agree

 

Brooklyn RSL sub-Branch

Disagree

PARA 18 – POLICIES ETC. – SHOULD BE SUBJECT TO REVIEW BY DISTRICT COUNCILS PRIOR TO PROMULGATION. THE DECISION TO REPLACE THE EXISTING BY-LAWS, POLICIES AND REGULATIONS SHOULD BE FULLY EXPLAINED AND JUSTIFIED. SUPPORT IS THEREFORE WITHHELD UNTIL AN ACCEPTABLE RESPONSE IS RECEIVED.

 

Berowra RSL sub-Branch

Disagree

18.1 – Before the Board can pass or amend Operational Policies and Procedure there shall be adequate time to consult and debate with members and District Councils

 

New England District Council

Agree

“All but one sub-Branch agrees.

That sub-Branch believes that; “It should be ratified by sub-Branches”.

 

Castle Hill & District RSL sub-Branch

Agree

A strategic 5-year business plan is to be presented at each AGM on a rolling basis. The structure and content of the strategic plan is to be detailed in SOPs.

 

Gunnedah RSL sub-Branch

Agree

 

Narrabri RSL sub-Branch

Agree

 

Werris Creek RSL sub-Branch

No comments

 

Terrigal Wamberal RSL sub-Branch

Agree

 

Toukley RSL sub-Branch

Disagree

“Any new or amended policies and procedures should go before a General Meeting, or if in appropriate, then a peer group of Sub-branch practitioners.

Reason:  RSL NSW cannot even get an application form in a suitable format useful to the Sub-branch membership officers.

 

South Lake Macquarie RSL sub-Branch

Disagree

“Policies and procedures need to be published asap.

The “Brooklyn Proposal” format must be used  ”

 

Doyalson Wyee RSL sub-Branch

Agree

 

The Entrance Long Jetty RSL sub-Branch

Disagree

This section should be abolished. These changes to By-Laws and rules and regulations should be sent to District Councils for discussion and ratification by member sub-Branches. Once ratified then sent back to State HQ for endorsement and approval.

 

Blue Mountains District Council

Agree

 

Bingara RSL sub-Branch

Agree

 

Eastern Metropolitan District Council

Agree

 

Monaro & Far South Coast District Council

Agree

 

Northern Beaches District Council

Agree

 

Matraville RSL sub-Branch

Agree

 

Central Southern District Council

“Welfare

1.Concise Definition required.  Current RSL NSW promulgated definition of what comprises acceptable welfare consistent with RSL NSW’s charitable purpose is alleged to be confusing, contradictory and inadequate.

2.Welfare central to the charitable purpose objects of RSL NSW.  It seems logical (and essential) that an amended definition be included in Appendix A.

3.Burials  –  Clause 3.3

to be incl in welfare

4.See attached Welfare document for additional comments

 

Intra-Mural District Council

Agree

 

Riverina District Council

Agree

 

Bondi Junction/Waverley RSL sub-Branch

Disagree

 

Hunter Valley District Council

Disagree

“At 18.2, 3 and 4 we call the SOP’s Operational Policies and Procedures, should this not say Standing Operating Procedures?

These should be in place before voting for the Constitution.

 

Bellinger River RSL sub-Branch

Agree

 

Sussex Inlet RSL sub-Branch

Agree

 

Coogee Randwick Clovelly RSL sub-Branch

Agree

 

City of Bankstown RSL sub-Branch

Disagree

“Clause 18.2 Delete words “the District Presidents’ Council”. Remove the word “if” and change the word “were” to “are”.

Clause 18.3 and 18.4 After the word “and Procedures” add the words “ and Standard Operating Procedures””

 

Davistown RSL sub-Branch

Disagree

All clauses under 18 (as per draft constitution) – Concern exists that there is no allowance for consultation at District Council or sub-Branch levels prior to ‘passing a resolution’.

 

Ballina RSL sub-Branch

“18.3 It is my understanding is that policies are things that an organisation will do and procedures detail how it will be done. Currently we in Ballina Sub Branch have 24 documented policies and their associated procedures.  I am unaware of any particular policies and their procedures issued by RSL NSW.

 

Overall I think this new constitution is satisfactory.   I am not sure that sufficient consideration has been given to the ‘costs’ associated with putting it in place.

Far South Western District Council

Agree

 

Central Coast District Council

Disagree

“This section should be abolished. These changes to By-Laws and rules and regulations should be sent to District Councils for discussion and ratification by member sub-Branches. Once ratified then sent back to State HQ for endorsement and approval.

Policies and procedures need to be published asap.

Any new or amended policies and procedures should go before a General Meeting, or if in appropriate, then a peer group of Sub-branch practitioners.

Reason:  RSL NSW cannot even get an application form in a suitable format useful to the Sub-branch membership officers.”

 

Maclean RSL sub-Branch

Agree

 

South West Rocks RSL sub-Branch

Agree

 

FWMDC sub-Branch A.

18.1 … Concern that without consultation this would allow implementation of adverse procedures.

 

FWMDC sub-Branch C.

Disagree

“18.1 DISAGREE

ANY SOP’S DEVELOPED BY THE BOARD MUST BE SUBMITTED FOR CONSIDERATION AND APPROVAL BY DELEGATES AT AN ANNUAL CONGRESS BEFORE IMPLEMENTATION.

18.2 DISAGREE

UNTIL OPERATIONAL POLICIES AND PROCEDURES ARE AVAILABLE.

18.3 DISAGREE

SUBJECT TO APPROVAL BY DELEGATES AT ANNUAL CONGRESS”

 

FWMDC sub-Branch F.

Disagree

RSL NSW POLICIES AND PROCEDURES. The wordings of 18.1 to 18.4 would effectively mean that the Board has control of anything not included in the Constitution. Given the Bergin enquiry and failure of RSL NSW in Governance. An example is bylaw 22 dated 3 Oct 2018, which most sub-Branches do not agree with, but there is no comeback. We believe that there should be some protection for members. We suggest this should be Ratification of RSL NSW policies and procedures at the following Congress.

 

FWMDC sub-Branch L.

Disagree

“We must insure that the organisation’s ‘grass roots’ influence is maintained in respect to the development of Operational Policy or Procedure (SOPs), rather than permit a small central group the ability to make a narrow interpretation of the base Constitution to determine procedures that the wider organisation may not agree with – for example, determining the percentage of a sub-Branch’s total donations must be given to DefenceCare.  To manage this, clause 18.1 should be deleted and replaced with the following:

18.1 RSL NSW Policy and Procedures can only be subject to change, deletion or introduction if the change, deletion or new item has been either –

a.

  1. a) Approved at a Congress (annual or extra-ordinary) – i.e. initiated, or

b.

  1. b) Imposed on RSL NSW by legal process – i.e. enforced.

 

Regarding the need to comply with SOPs, we need to remember that  for sub-Branch Trustees, their responsibilities are contained clearly within the Trustee Act 1925 NSW.  Therefore, any compulsions imposed on Trustees by the Board cannot require them to act in contravention of their responsibilities detailed in that lawful Act.  To clarify this fact for sub-Branch Trustees, we need to add the following words to the existing clause 18.2:

18.2  ….. as if they were part of this Constitution, providing that such compulsion for sub-Branch Trustees is not in conflict with the provisions of the Trustees Act 1925 NSW.”

 

Southern Metropolitan District Council

Disagree

Clause 18.2 Delete words “the District Presidents’ Council”. Remove the word “if” and change the word “were” to “are”.

Clause 18.3 and 18.4 After the word “and Procedures” add the words “ and Standard Operating Procedures”

RSL NSW Policies and Procedures - ANZAC House Response

Links between constitution and standard operating procedures formalised

Explicit requirement added that amendment or adoption of standard operating procedures be done in consultation with, and with the approval of, the District Presidents’ Council

Minor wording changes, and typographic errors corrected

Notices

Forster Tuncurry RSL sub-Branch

Agree

 

Bass Hill RSL sub-Branch

“19.1 Where any notice must be given under this Constitution it may be given in writing either by email or by post

Once again goes to records management

An operational matter”

 

Gloucester RSL sub-Branch

Agree

Make use of modern technology.

 

Grafton RSL sub-Branch

Agree

 

City of Sydney RSL sub-Branch

Agree

 

Mosman RSL sub-Branch

Agree

 

Wyong RSL sub-Branch

Agree

 

Cumberland RSL sub-Branch

Agree

 

Chatswood RSL sub-Branch

Agree

 

Hornsby RSL sub-Branch

Agree

 

Lower North Coast District Council

Agree

 

Berowra RSL sub-Branch

Disagree

19.1 – Inclusion that notice or amendments to policies and procedures will not occur until period of time after notice has been distributed. As email has no certainty of delivery, these notices need to be sent by register mail through Australia Post. Sufficient time (not less than 30 days) must lapse prior to notice taking effect as not all sub-Branches have office staff on duty daily

 

New England District Council

Agree

 

Far Southern Metropolitan District Council

19.1 Where any notice must be given under this Constitution it may be given in writing either by email or by post Once again goes to records management

 

Castle Hill & District RSL sub-Branch

Agree

 

Gunnedah RSL sub-Branch

Agree

 

Narrabri RSL sub-Branch

Agree

 

Werris Creek RSL sub-Branch

No comments

 

Terrigal Wamberal RSL sub-Branch

Agree

 

Toukley RSL sub-Branch

Agree

 

South Lake Macquarie RSL sub-Branch

Agree

 

Doyalson Wyee RSL sub-Branch

Agree

 

Blue Mountains District Council

Agree

 

Bingara RSL sub-Branch

Agree

 

Eastern Metropolitan District Council

Agree

 

Monaro & Far South Coast District Council

Agree

 

Northern Beaches District Council

Agree

 

Matraville RSL sub-Branch

Agree

 

Central Southern District Council

FAQ     A comprehensive and up to date FAQ section for sub-Branches and members is strongly urged to be made available on the RSL NSW website. This needs to address many routine and repeatable mainly administrative questions. It needs to be effective, better website to assist DC and Sub Branches – in turn this may alleviate many calls to HQ, and can be built on as history of calls are answered. This would also support the operation of a decentralised RSL NSW structure that places greater emphasis on Districts dealing with administrative matters.

 

Intra-Mural District Council

Agree

Cl 19.1 line 2 insert after email “or other electronic means..”

 

Riverina District Council

Agree

 

Bondi Junction/Waverley RSL sub-Branch

Agree

 

Hunter Valley District Council

Agree

 

Bellinger River RSL sub-Branch

Agree

 

Sussex Inlet RSL sub-Branch

Agree

 

Coogee Randwick Clovelly RSL sub-Branch

Agree

 

City of Bankstown RSL sub-Branch

Disagree

Clause 19.1 After the word “email” add the words “(read receipt)”.

 

Davistown RSL sub-Branch

Agree

 

Far South Western District Council

Agree

 

Maclean RSL sub-Branch

Agree

 

South West Rocks RSL sub-Branch

Agree

 

FWMDC sub-Branch A.

19.1 … change “may” to “shall” and add “to ensure all members receive the notices.

 

Southern Metropolitan District Council

Disagree

Clause 19.1 After the word “email” add the words “(read receipt)”.

Notices - ANZAC House Response

Minor wording changes, and typographic errors corrected

Savings, Transitional and Continuing Provisions

Forster Tuncurry RSL sub-Branch

Agree

 

Lower North Coast District Council

Disagree

“To comment suitably on section 20 of the draft constitution, we need to refer to other clauses as follows:

 

District Council Executive & Term of District Council Executive

12.8 discusses eligibility for membership of a District Council Executive

12.9 to 12.13 discusses criteria for the term of office of a District Council Executive

Comment/discussion point:

The wording of the clauses in section 12 about the District Council Executive and the wording about the Term of the District Council Executive is cumbersome and convoluted.  As a consequence, the meaning is confused.

Comment/discussion point:  The essence of section 12 appears to mean that to accept office as a District Council President a person:

12.8  (b) …must not have held office as a District Council President for more than six years; and

12.12 …a District Council president can stand and be elected for a further six years (and at board discretion be extended to nine years) as long as there has been a continuous gap of six years since the last time they held office

Comment/discussion point:  Reading section 12 in the context of clauses 20.5 and 20.6 indicates a contradiction, and section 20 overrules the clauses in section 12.

Comment/discussion point:  Alternatively, it could be that the objective of this section of the draft constitution is aimed at enabling the current set of District Presidents to remain in office for another six to nine years on top of what they have already done.

Comment/discussion point:  Wingham RSL sub-Branch sees this as a very real problem and sees it as an issue akin to the problems created when RSL NSW President Don Rowe and the then existing State Council members remained in office for far too long.  We all know what went wrong as a result of that!

Wingham sub-Branch Recommendation:  That the wording and structure of the clauses in section 12 be simplified so that the essence of their meaning is easier to follow and to understand.

Wingham sub-Branch Recommendation:  That clause 20.6 be reworded to remove the word “not” and to read as follows.  “The number of years already served by a District Council Executive holding office at the Commencement Date will be counted towards the total term which each current District Council Executive can serve as a District Council Executive under clause 12.8(b) of the Constitution.””

 

Gloucester RSL sub-Branch

Disagree

“Current By Laws should be retained and amended if required.

Under Sub Branch Trustees para 20. 15 include:

Not just charitable purpose but Aims and Objects of the League Trustee must also be responsible to the Corporations Trustee Act not just the RSL NSW. Current Board members should be confirmed or rejected at Congress.”

 

Grafton RSL sub-Branch

Agree

 

City of Sydney RSL sub-Branch

Agree

 

Mosman RSL sub-Branch

Agree

 

Wyong RSL sub-Branch

Agree

 

Cumberland RSL sub-Branch

Disagree

20.3 Directors to be elected not continued

 

Chatswood RSL sub-Branch

Agree

“Page 42 – c20.8: Definition of “Auxiliary Member” required; in this day and age, why are not all such members transferred as Affiliate

members and avoid having another category?”

 

Hornsby RSL sub-Branch

Agree

Clause 20.2 might need to comprehend the situation where new SOPs are not settled before the Commencement Date.

 

Brooklyn RSL sub-Branch

Disagree

PARA 20 CONTINUATION – IT IS UNCLEAR AS TO WHEN THE NEXT FULL ELECTION OF DIRECTORS IS TO BE HELD.

 

Berowra RSL sub-Branch

Agree

“20.12 – Add “”s”” to Executive”” and “”term””

20.15 (c), Line 2 – Remove comma after “”further”””

 

New England District Council

Agree

“All but one sub-Branch agrees.

That sub-Branch asks “re 20.2, what is replacing the existing and do sub-Branches have an input?”

 

Castle Hill & District RSL sub-Branch

Disagree

These sections illustrate the overall disorganised structure of the Constitution. Refer below.

 

Gunnedah RSL sub-Branch

Agree

 

Narrabri RSL sub-Branch

Agree

20.9 Sub- Branch Associate Member not included in 8.2

 

Werris Creek RSL sub-Branch

20.9 Sub- branch Associate (not included in 8.2b as a class of membership)

 

Terrigal Wamberal RSL sub-Branch

Agree

 

Toukley RSL sub-Branch

Agree

“Basically agree BUT -Clause 20.6.  Why is there a difference in the term of office between a Board Member and a District Council Executive Member?

Should be the same for consistency.

There is no mention of Affiliates?

Clause 20.15 appears to be a repetition of Trustee activities.”

 

Doyalson Wyee RSL sub-Branch

Disagree

20.2 these should not be repealed until SOPs are available. In fact the whole of the proposed constitution should not be considered until SOPs are available

 

Blue Mountains District Council

Agree

 

Bingara RSL sub-Branch

Agree

 

Eastern Metropolitan District Council

Agree

 

Monaro & Far South Coast District Council

Agree

 

Northern Beaches District Council

Agree

 

Matraville RSL sub-Branch

Agree

 

Intra-Mural District Council

Disagree

“Cl 20.9 Associate Members should be given the opportunity to have

voting and member rights at other than their Primary sub-Branch.

There may be a number of reasons to maintain original base

membership, but with limited opportunity to attend that sub-Branch,

but being able to support a different sub-Branch. (See State Secretary’s

Fact Sheet 23)

 

Cl 20.14 line 2 “.. of Trustee..””

 

Riverina District Council

Agree

 

Bondi Junction/Waverley RSL sub-Branch

Disagree

“We do not agree with the changes to Bi-Law 22 its charitable purpose is not only the

WBI but should include donations to all RSL charities.”

 

Hunter Valley District Council

Agree

 

Bellinger River RSL sub-Branch

Agree

 

Sussex Inlet RSL sub-Branch

“Clause 20.2 recommend clarify that these are to be replaced by Operational Policies and Procedures.

Recommend a clause that sub-Branches will continue under their current Charter.

Recommend a clause that sub-Branch Members will continue to hold their status

Recommend a clause that sub-Branch Associate Member will continue to hold their status

Recommend a clause that sub-Branch Affiliates will continue to hold their status”

 

City of Bankstown RSL sub-Branch

Disagree

“Clause 20.1 Replace the word “supersedes” with “repeals and replaces”.

Clause 20.4 and Clause 20.6 After the words “9.13(d) of” replace the word “the” with “this”.

Clause 20.5 After the word “existing” change the word “terms” to “term”.

Clause 20.6 After the word “Executive” add the word “Member” in three places and the word “not” to be deleted and the following words added after the last word “Constitution” being “with the exception of the District Council President, subject to the provisions of Clause 12.8(b) and Clause 12.12”.

Clause 20.11 Change the word “only” with “appropriately”.

Clause 20.12 After the word “Executive” add the word “Member”.

Clause 20.14 After the word “they” add the words “either resign, die, or”.

Clause 20.15(c) After the word “only” add the word “appropriately”.”

 

Davistown RSL sub-Branch

Disagree

Clause 20.2 (as per draft constitution) – The repealing of all By-Laws and Regulations is of concern. However, this may be a moot point or circular issue if the intention is to re-establish the By-Laws and Regulations under the new name of Policies and Procedures. In which case, the above issue raised at Clause 18 applies.

 

Far South Western District Council

Agree

 

Central Coast District Council

“Clause 20.6.  Why is there a difference in the term of office between a Board Member and a District Council Executive Member?

Should be the same for consistency.

 

There is no mention of Affiliates?

 

Clause 20.15 appears to be a repetition of Trustee activities.”

 

Maclean RSL sub-Branch

Agree

 

South West Rocks RSL sub-Branch

Agree

 

FWMDC sub-Branch C.

Disagree

“20.2 DISAGREE

ONLY IF OPERATIONAL POLICIES AND PROCEDURES HAVE BEEN APPROVED BY DELEGATES AT ANNUAL CONGRESS.

 

BY-LAWS ETC CAN NOT BE ABOLISHED UNTIL SOMETHING IS AVAILABLE TO REPLACE IT.

 

20.11(C)

ONLY IF OPERATIONAL POLICIES AND PROCEDURES HAVE BEEN APPROVED BY DELEGATES AT ANNUAL CONGRESS.

 

20.14

AgreeSUBJECT TO CLEAR DEFINITION OF RSL NSW CHARTIABLE PURPOSE”

 

FWMDC sub-Branch E.

20.12 (c) The word “Executive” should be Executives

 

FWMDC sub-Branch F.

Disagree

“20.2 ‘All RSL NSW by-laws and regulations in existence prior to the Commencement Date are repealed and no longer have any force or effect.”

In the absence of SOP’s, this is premature, and a Handover Process must be considered.”

 

FWMDC sub-Branch H.

20.9 An Associate member may transfer their voting rights from their primary  sub-branch to their associate sub-branch by seeking approval in writing to their parent sub-branch.

 

FWMDC sub-Branch I.

Agree

Why would there not be any By-Laws and Regulations? Will they be covered by SOP’s?

 

FWMDC sub-Branch J.

Disagree

The By-Laws and Regulations should be updated and incorporated into the Constitution.

 

FWMDC sub-Branch L.

Disagree

“As in the current circumstances, and subject to Board approval, sub-Branch should be enabled on their request (and within their own capacity), to contribute to annual membership fee payments.

THERE WILL DEFINITELY BE A HUGE EXODUS OF MEMBERS IN THOSE SUB-BRANCHES WHERE, FOR SEVERAL YEARS, MEMBERS HAVE BECOME USED TO THEIR FEES BEING ASSISTED BY THEIR SUB-BRANCH.  THIS WILL HAVE FAR REACHING IMPACT ON THE ABILITY OF OUR SUB-BRANCH TO CONTINUE TO SUPPLY SERVICES TO OUR LOCAL COMMUNITY.

In essence, we believe that such a requirement on members will be short-sighted as we (and other sub-Branches) are successfully making a concerted effort to attract younger members who do not have time to attend meetings and will thus see no value in paying to be a member.  Currently we keep them interested and informed via Reveille, our own quarterly magazine and receiving the same frequent group-emails that emanate from our sub-Branch office to all members.

Thus the final part of Point 4 should be amended to read:

…. at which time the current annual membership fee amount for the applicant must be paid.”

 

FWMDC sub-Branch M.

Click here to read feedback.

 

Southern Metropolitan District Council

Disagree

Clause 20.1 Replace the word “supersedes” with “repeals and replaces”.

Clause 20.4 and Clause 20.6 After the words “9.13(d) of” replace the word “the” with “this”.

Clause 20.5 After the word “existing” change the word “terms” to “term”.

Clause 20.6 After the word “Executive” add the word “Member” in three places and the word “not” to be deleted and the following words added after the last word “Constitution” being “with the exception of the District Council President, subject to the provisions of Clause 12.8(b) and Clause 12.12”.

Clause 20.11 Change the word “only” with “appropriately”.

Clause 20.12 After the word “Executive” add the word “Member”.

Clause 20.14 After the word “they” add the words “either resign, die, or”.

Clause 20.15(c) After the word “only” add the word “appropriately”.

Savings, Transitional and Continuing Provisions - ANZAC House Response

Links to standard operating procedures included

Minor wording changes, and typographic errors corrected

Appendix A

Forster Tuncurry RSL sub-Branch

Disagree

“1.

That the definition of auxiliary member be amended to read as follows: “means any person who was a member of an RSL Auxiliary immediately before the Commencement Date and any person who is admitted as an auxiliary member after the Commencement Date.

2.

There is no definition of a Chapter

3.

Under Delegate add should add ‘of RSL NSW Annual General Meeting or General Meeting.”

4.

General Meeting should read “means any general meeting, special general meeting or annual general meeting.

5.

No definition for the word “Contract””

 

Lower North Coast District Council

“Auxiliary Member

Comment/discussion point:  This definition is not complete because it does not reflect what an auxiliary member will be after the commencement date of the new constitution.

Wingham sub-Branch Recommendation:  That the definition of auxiliary member be amended to read as follows:  “means any person who was a member of an RSL Auxiliary immediately before the Commencement Date and any person who is admitted as an auxiliary member after the Commencement Date.

 

We noted that a Chapter is defined but there is no mention of a Chapter in the actual constitution”

 

Mosman RSL sub-Branch

“1. Insert definition of the “League” by using the one in the National Constitution

  1. Election Procedures: Are way too loose and at the discretion of the Board, whose predecessors are the major cause of the shambles we now find ourselves in. The loose way this is drafted gives too much power to the Board given the number of levels of authority in RSL NSW and its sub-Branches. These need to be set out, albeit in an Appendix, so that

it is clear upfront what the procedures are. This will remove doubt and disputes in the future. Besides the Board, under the current drafting, can amend the procedures to unbalance the fairness of the election process.

  1. Previous Constitution: Is not dated 23 May 2018. That draft was not approved and therefore the Previous Constitution must be the date of the existing Constitution. To be updated.”

 

Toukley RSL sub-Branch

APPENDIX A  RSL NSW  insert after “Act” “No. 48 of “

 

Blue Mountains District Council

ok

 

Intra-Mural District Council

“Australian Defence Force line 2 remove italics “..under the..”

Charter line 1 ‘..a sub-Branch..”

District Council Standard Operating Procedures line 2 ‘..District Councils.”

Minister “..the Minister..”

sub-Branch Executive delete – at end of line

sub-Branch Property Should the word income be included? Isn’t that encompassed under assets,

money and funds?

sub-Branch Trustee line 2 ‘..as a Trustee..””

 

City of Bankstown RSL sub-Branch

Delete the first line “Include items mention in main body” “Commencement Date” If the commencement date is 1 December 2020, what is the urgency? “Constitution” – After the word “appendices” insert the words “Operational Policies and Procedures” and “sub-Branch and District Council Standard Operating Procedures”. ”Dispute” Delete the word “Councillors” and insert the word “Councils”. “District Council Standard Operating Procedures” After the last word “District” insert the words “which forms part of this Constitution”. “District Presidents’ Council” Delete entire definition. “Operational Policies and Procedures” After the word “sub-Branches” insert the words “which forms part of this Constitution”. “RSL NSW Act” Should be “RSL NSW Act 2018 No 48 (NSW)”. “RSL NSW Officer” After the word “Executive” insert the word “Member”. “sub-Branch Member” Delete the words “attached to” and insert the word “of”. “sub-Branch Standing Operations Procedure (SOP)” Delete the word “supplement” and insert the words “forms part of”. “sub-Branch Trustee” Delete the words “fully paid up” and insert after the words “Service Member” with “, Life Member,”.

 

Central Coast District Council

APPENDIX A  RSL NSW  insert after “Act” “No. 48 of “

 

Brian Boughton, East Maitland RSL sub-Branch

Needs real definition of the words “Charitable Purpose” Para 3.  This refers to Appendix A which refers back to para 3 – come on what is the definition?

 

Southern Metropolitan District Council

Delete the first line “Include items mention in main body”

“Commencement Date” If the commencement date is 1 December 2020, what is the urgency?

“Constitution” – After the word “appendices” insert the words “Operational Policies and Procedures” and “sub-Branch and District Council Standard Operating Procedures”.

”Dispute” Delete the word “Councillors” and insert the word “Councils”.

“District Council Standard Operating Procedures” After the last word “District” insert the words “which forms part of this Constitution”.

“District Presidents’ Council” Delete entire definition.

“Operational Policies and Procedures” After the word “sub-Branches” insert the words “which forms part of this Constitution”.

“RSL NSW Act” Should be “RSL NSW Act 2018 No 48 (NSW)”.

“RSL NSW Officer” After the word “Executive” insert the word “Member”.

“sub-Branch Member” Delete the words “attached to” and insert the word “of”.

“sub-Branch Standing Operations Procedure (SOP)” Delete the word “supplement” and insert the words “forms part of”.

“sub-Branch Trustee” Delete the words “fully paid up” and insert after the words “Service Member” with “, Life Member,”.

Appendix B

Forster Tuncurry RSL sub-Branch

Disagree

“1.

Under 10 – clause 13-16 is incorrect; It should read 14-16. That this error is corrected.

2.

14.(e) refers to clause 9 (d) when in fact it should refer to 14(d) That this error is corrected.

3.

  1. refers to clause 13 when in fact it should refer to clause 14.”

 

Bass Hill RSL sub-Branch

“Clause 8 states:  “An RSL NSW Member may be, with the Board’s approval, attached to more than one sub-Branch (including being attached to ANZAC House) but will only have one vote as an RSL NSW Member and will only have voting rights attached to the first named or Primary sub-Branch or ANZAC House.”

Why is the board getting involved with approving “Associate Membership”?  Under current By-Law 2(2) Members can declare where they wished to use their and voice.  This clause now limits this to their primary sub-Branch.

Agree with this statement.

 

Clause 16:  There is one section that needs further consultation, being MEMBERSHIP, of Service Members.  The future admission of Cadet Officers to the classification of Affiliate membership does not make sense, as does admitting Cadets members over 18 years of age both being in the one Classification.

 

Clause 24:  MEMBERSHIP BADGES; should be removed that states EACH BADGE WILL STATE CLASSIFICATION TYPE OF MEMBERSHIP.

That section should be removed as it does appear to be contra to the Anti-Discrimination Act “Classification of a Class that could be discriminatory in a Public Organization.  ”

 

Lower North Coast District Council

“Discretionary criteria

Comment/discussion point:  in clause 10 the reference to clause 13-16 is incorrect;  It should read 14-16.

Wingham sub-Branch Recommendation:  That this error is corrected.

 

Membership Eligibility

Service Member

14.(e) refers to clause 9(d) when in fact it should refer to 14(d)

Wingham sub-Branch Recommendation:  That this error is corrected.

 

  1. refers to clause 13 when in fact it should refer to clause 14.

Wingham sub-Branch Recommendation:  That this error is corrected.”

 

Mosman RSL sub-Branch

Agree

 

Berowra RSL sub-Branch

Disagree

“Appendix B Membership:

needs to include wording that new member accepts membership that he/she is entering contract whereby he/she will uphold the Constitution of NSW RSL.

Each new member to be issued a copy of the Constitution, because it is a contract between RSL NSW and the member. When the Constitution is passed every member should be issued with a copy of this Constitution

Clause 4 – Membership, Insert dates of the Membership Year”

 

Far Southern Metropolitan District Council

Appendix B: Clause 8 states:  “An RSL NSW Member may be, with the Board’s approval, attached to more than one sub-Branch (including being attached to ANZAC House) but will only have one vote as an RSL NSW Member and will only have voting rights attached to the first named or Primary sub-Branch or ANZAC House.” Why is the board getting involved with approving “Associate Membership”?  Under current By-Law 2(2) Members can declare where they wished to use their and voice.  This clause now limits this to their primary sub-Branch. Clause 16:  There is one section that needs further consultation, being MEMBERSHIP, of Service Members.  The future admission of Cadet Officers to the classification of Affiliate membership does not make sense, as does admitting Cadets members over 18 years of age both being in the one Classification. Clause 24:  MEMBERSHIP BADGES; should be removed that states EACH BADGE WILL STATE CLASSIFICATION TYPE OF MEMBERSHIP. That section should be removed as it does appear to be contra to the Anti-Discrimination Act “Classification of a Class that could be discriminatory in a Public Organization.

 

Castle Hill & District RSL sub-Branch

“Delete paragraph 12 and include new paragraphs 12 to 14:

12.

“All RSL NSW members are to pay annual membership fees, if any, unless there are extenuating circumstances for exemption that are approved by sub-Branches for either a member or members not to pay. If an exemption is approved the respective sub-Branch may pay the fee.”

13.

“The quantum for membership fees, if any, will be proposed by the Board in a motion that will either be approved or disapproved at an RSL NSW AGM. An approved fee will be paid by members to the sub-Branches to which they are attached, or to RSL NSW for attached members to ANZAC House.”

14.

If there is a fee, a percentage of it is to be paid to RSL NSW by sub-Branches and this percentage will include the capitation fee to be paid to RSL National.  This percentage will be determined each year at the RSL NSW AGM. The balance of the membership fees is to be retained by the sub-Branches

 

Toukley RSL sub-Branch

“APPENDIX B Clause 14 (e) reference to “9 (d)” is incorrect – fix.

Ditto “13(d) in Sub-clause (i).

Clause 15 refers to Clause 13 – should it be 14

Clause 16.(c) give the age at 17 while Cl 15 sets it at 18 years.  Fix.

 

The Entrance Long Jetty RSL sub-Branch

  1. 12… Sub-Branches should be able to pay membership fees

 

Blue Mountains District Council

ok

 

Intra-Mural District Council

“There isn’t Para 1

Paras 5 and 6 appear to be in conflict as to entering the applicant’s details. Is it the sub-Branch,

ANZAC House or RSL NSW?

Para 10 line 1 ‘..in clauses 13-16..”

Para 11 delete member and insert applicant

Para 12 line 1 insert after Members, except Life Members

Para 13 line 2 The date needs to be included

Para 14 (e) line 2 amend 9 (d) to 10 (d)

Para 14 (e) (i) line 3 amend 13 (d) to 14 (d)

Para 15 amend 13 to 14

Membership Awards

There is no reference to the Meritorious Service Award, the Certificate of Merit or 50 years Membership Certificate”

 

Coogee Randwick Clovelly RSL sub-Branch

“12 – What is meant by if any?

16.c cadets age should be the same as in 15

  1.  this is wrong – refer to definition in Appendix a auxiliary and auxiliary member”

 

City of Bankstown RSL sub-Branch

APPENDIX B Clause 10 Delete reference to “13 – 16” and insert “14 – 17”. And it is noted that there is NO Right of Appeal? Clause 11 The word “member” be deleted and insert the word “applicant”. Clause 12 After the word “Board” insert the words “and approved by the Delegates at an Annual General Meeting”. After the words “if any” Delete the word “to” either side of the words “the sub-Branch” and insert the word “of”. Then after the words “which they are” delete the word “attached” and insert the words “a member”. Also delete the word “percentage”. Clause 13 Delete the words “the sub-Branch to which a member is attached” and insert the words “each member’s sub-Branch”. Query: What is the [Date]? Clause 14(e) Delete 9(d) and insert 14. Clause 14(e)(i) Delete 13(d) and insert 14. Clause 15 Delete 13 and insert 14. Clause 22 Add a new clause for Membership Awards reflecting the provision of Clause 6 of the RSL National By-Laws.

 

Central Coast District Council

“B.   12… Sub-Branches should be able to pay membership fees

APPENDIX B Clause 14 (e) reference to “9 (d)” is incorrect – fix.

Ditto “13(d) in Sub-clause (i).

Clause 15 refers to Clause 13 – should it be 14

Clause 16.(c) give the age at 17 while Cl 15 sets it at 18 years.  Fix.”

 

Southern Metropolitan District Council

Clause 10 Delete reference to “13 – 16” and insert “14 – 17”. And it is noted that there is NO Right of Appeal.

Clause 11 The word “member” be deleted and insert the word “applicant”.

Clause 12 After the word “Board” insert the words “and approved by the Delegates at an Annual General Meeting”. After the words “if any” Delete the word “to” either side of the words “the sub-Branch” and insert the word “of”. Then after the words “which they are” delete the word “attached” and insert the words “a member”. Also delete the word “percentage”.

Clause 13 Delete the words “the sub-Branch to which a member is attached” and insert the words “each member’s sub-Branch”. Query: What is the [Date]?

Clause 14(e) Delete 9(d) and insert 14.

Clause 14(e)(i) Delete 13(d) and insert 14.

Clause 15 Delete 13 and insert 14.

Clause 22 Add a new clause for Membership Awards reflecting the provision of Clause 6 of the RSL National By-Laws.

Appendix C

Forster Tuncurry RSL sub-Branch

Disagree

“1.

Under clause 8.  specifies that a meeting may take place at two or more places by use of technology.

2.

Clause 10.  specifies that if a meeting is held in two or more places a quorum is taken to be present if the minimum number of Delegates required in clause 25 is present in aggregate

3.

Clause 25.  specifies that a quorum for a General Meeting is 50 Delegates who must be present at all times during the meeting.

4.

Clause 12.  states that if a technical difficulty causes difficulty and thus prevents the meeting from taking place in two or more places that the chair has certain options and that no Member may object to the meeting being adjourned, being held or continuing.

5.

Comment/discussion point:  There seems to be a contradiction in these clauses.  If the technical difficulties causes one or more of the locations to be locked out of the meeting then surely the chair cannot continue with the meeting if the quorum available to the chair no longer amounts to 50 members.

6.

Recommendation:  That these clauses be amended to reflect that if technical difficulties (during a meeting that is taking place in two or more places) prevent a full quorum of 50 members from participating, then the meeting must be adjourned.

7.

All reference to Proxy Voting should be deleted as the member may or may not know the question to be voted on and the delegated proxy would not know how the member would vote on ant particular question.”

 

Lower North Coast District Council

“Holding a General Meeting at two or more places

  1. specifies that a meeting may take place at two or more places by use of technology.
  2. specifies that if a meeting is held in two or more places a quorum is taken to be present if the minimum number of Delegates required in clause 25 is present in aggregate
  3. specifies that a quorum for a General Meeting is 50 Delegates who must be present at all times during the meeting.
  4. states that if a technical difficulty causes difficulty and thus prevents the meeting from taking place in two or more places that the chair has certain options and that no Member may object to the meeting being adjourned, being held or continuing.

Comment/discussion point:  There seems to be a contradiction in these clauses.  If the technical difficulties cause one or more of the locations to be locked out of the meeting then surely the chair cannot continue with the meeting if the quorum available to the chair no longer amounts to 50 members.

Wingham sub-Branch Recommendation:  That these clauses be amended to reflect that if technical difficulties (during a meeting that is taking place in two or more places) prevent a full quorum of 50 members from participating, then the meeting must be adjourned.

Forster Tuncurry Sub-branch added the following:

  1. A Sub-branch and its membership are part of RSL NSW carrying out the same basic functions of State Branch on a local level and is not a separate Company or identity and does not have nor ever had a financial agreement with State Branch.
  2. By putting this draft constitution for comment without the SOP’s for District Council and Subbranches is a waste of time and one cannot be expected to comment on an incomplete document.”

 

Mosman RSL sub-Branch

Agree

 

Berowra RSL sub-Branch

“12a Adjournments – Add after “”the Chair may”” provided a quorum continues:

30 Vote Counting – The count of hands “”for”” and “”Against”” need to be recorded in minutes

33 Proxy Voting – The Model Constitution does not allow. Nor should this Constitution allow the chair or any member. Proxy voting are unacceptable needs to be written into clause 33″

 

Narromine RSL sub-Branch

Appendix C – 3 (c) This clause referring to motions rejected by the Board at first seems straightforward. However it could be argued that a motion critical of the Board’s actions could be rejected and therefore unable to be ever discussed and debated at an Annual or General meeting. Appendix C – 20 & 22 – The Chairman may terminate debate and the Chairman may refuse to allow any amendment, further give argument to the Board stifling or refusing to allow debate on matters that might be critical of its actions. Under normal meeting rules, if the Chairman wants to terminate debate, he needs a procedural motion from the meeting for the “motion to be put”. Also under normal meeting rules, amendments are quite legal and proper and a part of the standard debating rules and process. Our Sub-Branch questions why these two clauses are included.

 

Toukley RSL sub-Branch

“APPENDIX C Clause 12 (a) (ii) add the words “ only providing that a quorum for the meeting is where the Chair is located”.

Clause 22.  Do not understand why the Chair can refuse to allow an amendment.  At least a NOTE: should be added, or preferably the sub-clause be deleted.

Clauses 30 and 31.  It is undemocratic to hide the voting numbers.  Change the Clause to “will” and delete Clause 31.

Due to the problems, and difficulties, and innuendos – particularly those blaming the Sub-branches for the gross errors of RSL NSW – that have been heaped upon the Sub-branches, and particularly the Executives, it is apparent that many of the existing Executive members will not be available for office for the elections in 2020.  There are significantly insufficient recently transitioned out veterans available to fill the vacancies.

 

The Entrance Long Jetty RSL sub-Branch

C..7..(E) Proxy voting should not be allowed.

 

Blue Mountains District Council

  1. Note Proxies are not acceptable for Members General Meetings do remove Appendix C paras 33 to 40

 

Intra-Mural District Council

“Para 27 line 1 delete the word either (there are 3 choices)

Para 27 line 5 ‘..the Chair’s..”

Para 35 “.. post, email or other electronic means..””

 

City of Bankstown RSL sub-Branch

APPENDIX C Clause 7(e) Delete. Clause 12(a) Delete the word “may” and insert the word “will”. Clause 12(a)(ii) and 12(b) Delete. Clause 16 Delete the words “or by proxy”. Clause 17 After the word “vote.” Add the words “In the event of an equality of votes the matter will decided in the negative”. Clause 25 After the figure “50” add “% plus one (1) of all sub-branches eligible to attend whose”. The word “who” to be deleted. Clause 28 Delete. Clause 33 – 40 Delete.

 

Davistown RSL sub-Branch

Appendix C (Proxies – paras 33-40) – Concern over the management of proxies and the possible abuse, of their use, to the detriment of a fair voting process.

 

Central Coast District Council

“C..7..(E) Proxy voting should not be allowed.

APPENDIX C Clause 12 (a) (ii) add the words “ only providing that a quorum for the meeting is where the Chair is located”.

Clause 22.  Do not understand why the Chair can refuse to allow an amendment.  At least a NOTE: should be added, or preferably the sub-clause be deleted.

 

Clauses 30 and 31.  It is undemocratic to hide the voting numbers.  Change the Clause to “will” and delete Clause 31.”

 

Southern Metropolitan District Council

Clause 7(e) Delete.

Clause 12(a) Delete the word “may” and insert the word “will”.

Clause 12(a)(ii) and 12(b) Delete.

Clause 16 Delete the words “or by proxy”.

Clause 17 After the word “vote.” Add the words “In the event of an equality of votes the matter will decided in the negative”.

Clause 25 After the figure “50” add “% plus one (1) of all sub-branches eligible to attend whose”.

The word “who” to be deleted.

Clause 28 Delete.

Clause 33 – 40 Delete.

Appendix D

Forster Tuncurry RSL sub-Branch

Agree

 

Berowra RSL sub-Branch

“12(g), (vii) Consistency – Change “”furtherance or”” to “”support and””

13(d), line 2 Consistency – Change “”furtherance or”” to “”support and””

15, line 2 – Change “”refer a”” to “”refer the””

16(a), (i) – Change “”refer a matter”” to “”refer the matter to””

16(e), (iii) – Change “”Member”” to “”Member’s Membership”””

 

Intra-Mural District Council

“Para 4 (b) line 2 “..Council Delegate, District Council,..” – singular tense

Page 58 Disciplinary Procedures (not upper case – see Dispute Resolution page 57)

Para 11 line 1 insert after comprise “a minimum of..’ This will allow for future increase without constitutional amendment

Para 13 (f) line 2 Charitable Fundraising Act Charitable Fundraising Regulation (change of font – italics)

Para 15 line 4 “..the Trustee”

Para 16 (a) (i) line 1 “..a matter to..”

Para 16 (a) (i) line 5 “sub-Branch Trustee..”

Para 16 (b) line 1 “ Before the RSL ..)

Para 16 (e) (vi) line 1 “ as a Trustee..”

 

Add new Cl 20 The Respondent has the right to appeal the decision of the Board, by referring the matter to RSL National”

 

City of Bankstown RSL sub-Branch

We have not had sufficient time to consider the contents and will make a later time…

 

Southern Metropolitan District Council

SMDC have not had sufficient time to consider the contents and will make a later submission.

General Questions and Comments

Gloucester RSL sub-Branch

“The Gloucester RSL Sub Branch has always supported the action that State Branch amend the current constitution, not take the action of throwing out a constitution that has been developed and amended over a 100years where lessons have been learnt and mistakes made. We totally

understand the necessity to bring it up to date to conform with the RSL NSW Act2018 which only stated about four items to be addressed.

We are concerned that the ideals and objects of the League have been left out. As stated, before we are not just a charity but a unique organisation where a good deal of our effort and support is to our members who are the veterans, ex Defence and their families. Over the years this support has been extended to serving members of the Defence Force and those transiting out of the force. Wherever the words “charitable purpose” is used the words “aims and objects of RSL NSW” should follow or be included.  These aims and objects are a vital part of our purpose.

We do accept that the President and the Board have listen to the members on a lot of matters and have changed their complete corporate take-over plan of the League by amending their proposed constitution that was defeated in Dec 2018 and presenting it again. Those members of the League that argued against such a take-over are to be commended for their efforts.

A Special meeting was conducted of the Gloucester RSL Sub Branch all the above matters discussed, and this feedback form compiled and Carried.  The Price of Liberty is Eternal Vigilance.”

 

Western Metro District Council

“Dear Jeff,

During the review of the Draft Constitution by WMDC a motion was received and duly seconded from the floor to the effect

that as WMDC was supporting an amended version of the existing constitution (i.e. The Rockdale amendments) that WMDC

should not give credence to a document that it is opposed to. This motion was carried unanimously.

As President I was then asked to present my comments on the draft constitution to the WMDC meeting which I continued to

present as far as I had personally reviewed it through to para 12.

Whilst no feedback has been presented by this DC I will still be attending the DC Presidents meeting with interest and hopefully

some constructive comments.

Kind regards

David Clarke

 

Wyong RSL sub-Branch

Sooner this is implemented the better

 

Cumberland RSL sub-Branch

There needs to be a review process in 12 months

 

Lane Cove RSL sub-Branch

“The Constitution seems to be disempowering the sub-branches and members and minimising the existing structures and reporting mechanisms. The concerns raised about the NSW RSL was in regard to the executive and State Office not with the Branches or Districts. The balance of power in the draft Constitution is to the new Board rather than a member’s representative body such as the Congress or the District Presidents. The Congress should determine strategy, direction, general policy, financial targets, risk goals. The Board (which should be an executive committee) then implements these directions, manages delivery of these goals and targets and reports back to Congress and the members.

Act of NSW Parliament -The Act provides directions and parameters for the Constitution and may have pushed NSW RSL in directions it did not need to go. It was disappointing no branch or member involvement in formulating this Act with the Minister. At some future point this Act should be reviewed from a member perspective.”

 

Lower North Coast District Council

“1.

A Sub-branch and its membership are part of RSL NSW carrying out the same basic functions of State Branch on a local level and is not a separate Company or identity and does not have nor ever had a financial agreement with State Branch.

2.

By putting this draft constitution for comment without the SOP’s for District Council and Subbranches is a waste of time and one cannot be expected to comment on an incomplete document.

 

Brooklyn RSL sub-Branch

“A thoroughly disappointing second draft that has taken little regard or recognition of the extensive

feedback from the League as a whole regarding its expectations on the roles, responsibilities and

activities of the Board. Further, the role and devolvement of responsibility to District Councils is

vague to the point of being non effective and therefore affectively, has been ignored.”

 

New England District Council

“Sub-Branch comments:

1.

This version of the Constitution is great.  It is simple, succinct and covers all requirements.

2.

Sub-Branch member’s feedback was positive with a few minor inquiries which were clarified at our meeting.  A lawyer (retired) also a member, was very positive with what he was presented with.

3.

Generally, the sub-Branch is happy with this edition (first) but will be very interested in the second edition.  We think that State is starting to get the idea that the members are the RSL and not them.  Hopefully they will have it sorted by October or it will just be rejected.  Before any decision is made the SOG’s (means SOP’s??) need to be promulgated.

4.

This draft Constitution looks like it is getting pretty close to the money – great.

 

Berowra RSL sub-Branch

“Regarding supporting sub-Branch Youth Groups: RSL State Branch removed the Youth Council without prior consideration of NSW RSL sub-Branches (no discussion or consultation) support of smaller Youth Group that continue to as a subsidiary of local RSL sub-Branch and embraces a Constitution linked to RSL NSW State and local sub-Branches. The smaller Youth Clubs rely on funding from local sub-Branch to support local youth.

Our local support for our children meets with objects originally set down by founders of RSL after WWII and is still of prime importance to members welfare as this fit into supporting families of current serving defence force personnel families and veteran’s families.

The Local Youth Club of Berowra has adopted the NSW league Constitution, and clause 40.3 (a) of Berowra Youth Club Constitution reads as follows; “”Club may not resign, disaffiliate or otherwise seek to withdraw from RSL Youth Council without the approval by Special Resolution of its sub-Branch, RSL NSW Youth Council and RSL NSW State Council””.

RSL NSW State Branch has abandon our youth, the next generation leaders. We should be ashamed to think we care about future of our youth and their citizenship.

Recommend that RSL State Youth Council be reinstated into Constitution and sub-Branches continue to support through Charitable Purpose of Constitution the future of Australian youth as a support for service personal and veterans. Keeping with our original “”aims and objects”” ”

 

Castle Hill & District RSL sub-Branch

Clause 1.3. Delete and insert “RSL NSW is a member of RSL National”.

 

Far Southern Metropolitan District Council RSL sub-Branch

“Comment There are 7 mentions of a “”Fit and Proper Person””. Pages 9,10 (x2), 18, 47,50, and 58.  There appears to be differing definitions, but there does not appear to be any mention of the mechanism to approve the appointment, nor to appeal the decision for or against the decision.   Are the authorities referenced during the assessment? (Police, ATO, Fair Trading etc.) Suggest that Fit and Proper Persons are in a separate appendix to the Constitution.  This would make amendments simpler.

 

Comment/Question There are references to Standard Operating Procedures and By-Laws on pages 20, 26 (x2), 34, 41 and 42.  Current Standard Operating Procedures and By-Laws would be replaced by the New Constitution.  What happens to the Various regulations referring to the Constitution and By-Laws?  Has the effect been tested? What effect would the new constitution have on the various Regulations.  There are 7 Regulations related to an Index, Property and Finance, Protocol, Dispute Resolution which conflicts with the proposed Constitution, Youth Club, Day Club, and CCWA.  All of these Regulations have an incorrect “”Prepared By”” address, while their Dates range from 2013 to 2016. Comment from The Executive Committee of the City of Liverpool sub-Branch Our view that it is a well drafted document, fairly readable, and, given the complexity of matters covered, concise. Comment RSL is still running its “Art Union”? Why can’t sub-Branches do the same as it always has done.  Leave well enough alone.

 

Castle Hill & District RSL sub-Branch

“1.

The draft is an improvement on the previous version and the changes are as per the accompanying PowerPoint, however, there are several macro improvements as well as detailed changes required to deliver a final draft acceptable to the membership. These comments provide further detail.

2.

The State Executive is in a position that still demands the rebuilding of trust with the membership and community. Constitutional reform is a major step in rebuilding this trust and the draft must be crafted with this in mind. Clause 9.27 appears to give complete control of all sub-Branch assets to the State Executive for the pursuit of the objects of the Charitable Purpose. Any wording that implies powers of coercion over sub-Branch assets that have been built over decades of careful management will trigger suspicion. The draft must be clear that State Executive will support and respect sub-Branches in the administration of their assets and activities. The overall culture of the Board needs to change from one of command and control of sub-Branches as business subsidiaries, to one of supporting and empowering sub-Branches to achieve the objects of the Charitable Purpose in partnership with local communities, with appropriate accountability.

3.

The Constitution should be a basic framework for the governance of the RSL NSW and any regulations referring to routine administration should be included in the SOPs.

4.

The structure of the document is disjointed, making it difficult for office holders and members to clearly understand their duties and obligations. The Constitution should be restructured into sections dealing with the responsibilities of, for example, District Councils.

5.

The Preamble articulates the ethos, vision, purpose and values of RSL NSW. Historical references, and particularly the recent mismanagement, do not need to be recorded.

6.

The Constitution must clearly articulate intersecting relationships with the various Acts that also govern the RSL, such as the Corporations Act, the ACNC and of course the RSL NSW Act. Office holders must ensure they are also aware of these Acts in so far as they affect their responsibilities. Any specific reference to external regulations or legislation must not be included in the Constitution, but included in the SOPs as a more flexible document responsive to changes in the accompanying Acts.

7.

The Charitable Purpose requires further consideration, expansion and business rules, although the latter could be included in SOPs.

8.

The status and requirements of incorporated and unincorporated sub-Branches needs clear consolidation.

9.

The SOPs need recognition and promulgation in the Constitution, and should be authorised by the State Board to ensure flexibility and responsiveness separate to the Constitution and authorised by the District President’s Council.

10.

The proposed current By-Law 22 refers to 51% expenditure on the objects of Charitable Purpose. ACNC does not require this and it is open to dispute whether an entity can impose such a rule without an adequate business case and endorsement by a generally representative body of the membership.

11.

The SOPs need to include model constitutions for incorporated and unincorporated sub-Branches and District Councils.

 

 

Gunnedah RSL sub-Branch

“Members generally voted to approve the Draft Constitution in toto.

There is one matter which I would like to draw to your attention – That in the present Constitution in the Property and Finance Regulations – clause 1.8 Trustees must each year attend at least three general meetings in a calendar year, but this is “other than RSL Custodian Pty Ltd”. In Draft A in clause 3 , Trustees must still attend at least three meetings a year, but does not exempt RSL Custodian Pty Ltd from this requirement. This should be incorporated in the proposed S.O.P.s to make the same provision as per previous Constitution.

A suggestion was also made by a member that the name of RSL, be changed to “RSL Services Association”, to distinguish RSL from  Licensed Clubs,

The member asked also who is responsible for checking who is a  “Fit & Proper person” a term used throughout the Draft Constitution.”

 

Werris Creek RSL sub-Branch

“Apart from both documents being titled/headers /numbered differently made it hard to complete.

Page 51 Item 14i should read: “clause 14d not 13d above”

Page 53 Appendix C Item 3 (c) disagree with “in the discretion of the board” If motions are forwarded correctly as per Boards Guidelines they should be accepted and presented for the membership to debate. Alternatively returned requesting correction of same to meet the Boards Guidelines. The way it currently reads if the board dislikes a motion that is to be discussed it can override whether it be included in the agenda.

Page 54 Item 12(i) agree with, we don’t believe (ii) should be an option. Remove “or and (ii) and (b)

Page 55 Item 19 (b) We disagree with this. Document needs to include a set time limit, plus extension time + points of order.

Item 20 Understand the possible situation that it may be needed however feel this reads as dictatorial and could gag debate.

Item 22 We disagree as amendments are common and accepted practice under rules of debate.

Page 58 Item 8 (d) How does this resolve the situation at hand? (mediation)

 

Thank you for the sub branches opportunity to submit/make comment on the draft.

 

Terrigal Wamberal RSL sub-Branch

Our Sub Branch accepts the new Constitution.  Notwithstanding that there are matters of detail which are not covered by the Constitution.  It is assumed that these will be addressed in the SOP’s when these are published

 

South Lake Macquarie RSL sub-Branch

13.52 Need RSL Custodian role defined along with the relationship between custodian/trustees and sub branches. RSL Custodian positions must not be held by members of the board.

 

Bingara RSL sub-Branch

“1.

Please clarify if HQ will still manage the ACNC reporting.

2.

Does the sub branch need to be registered with the ATO for cash donations for us to supply a receipt to the donator so they can claim as a deduction on their tax return?  ”

 

Monaro & Far South Coast District Council

“With a district spread over hundreds of square kilometres we found it would have been impossible to hold sub-Branch discussions let alone a District Council. meeting with only 3 windows of opportunity available.  If we are striving to reach all members to allow all to have a right of voice this has to be addressed.

 

Merimbula RSL sub-Branch submission

The main concerns of the sub-Branch are the fact we are asked to vote on a draft Constitution and not amendments to our existing Constitution.  The existing Constitution with ongoing amendments has carried the NSWRSL for over 100 years.

Why does the NSWRSL need both a CEO and State Secretary?  The fact that the State President has resigned and is intending to apply for the position o CEO should be very concerning to all members.

Members did not agree with the draft Constitution paras 3.1, 3.2, 3.4, 3.5(a) and 3.5(b) where the Charitable Purpose of RSLNSW is stated to include “current serving ADF members and their families”.  The Australian Government and its Agencies provide support to current ADF members and their families as appropriate.  It is not the role of RSL to provide support to those who serve but to be prepared to provide support within reason after service for those who seek it, taking into account there are numerous other organisations caring for the ex-service community.

  1. Application of income and property and 10. Renumeration of Directors

This could be opening the gate for nice payment to directors of wealthy sub-Branches.  This whole change to RSLNSW was the fact that State Councillors appointed to RSL LifeCare were paid for their services.  One person who had connection within Government saw this as an opportunity to take control of NSWRSL.  With his connection to the Minister was involved with the setup of the Bergin Inquiry and changes to the RSLNSW 2018 Act.  It must be remembered within 2 days of his motion of defeat for his and other board members payment as directors, the Act was proclaimed which allowed payment to directors.  This allowed the president to be paid as a director of LifeCare, yet the minister in his letter stated the Act has no control over the operations of RSLNSW.

In general, the sub-Branch believes the RSLNSW Act should be repealed and proper amendments to the current Constitution be put forward and considered.  It is the only way forward.”

 

Northern Beaches District Council

“1.

There is a need to make general reference to ‘’Australian personnel who were deployed on UN Peacekeeping Missions’’. This would include Police, volunteers etc. We should also provide for Merchant Seaman and other personnel who may be eligible for recognition whilst transporting equipment and other goods for the ADF to operational areas.

 

2.

There is no reference in the draft to the position of State Secretary, duties and responsibilities. This is a key position within the Anzac House organisational structure and should be addressed.”

 

Matraville RSL sub-Branch

Subject to any inconsistency with the above comments and recommendations, we support and endorse the comments submitted by Wingham RSL sub-Branch to the Lower North Coast District Council and the submission jointly made by Rockdale, Bundeena, Mortdale, Ramsgate, Cronulla, Engadine, and Brighton le Sands sub-Branches to their District Council.

 

Central Southern District Council

“Advocacy

 

Important to RSL i.e. training and promotion to wider Veterans community and to governments (Federal and State) – is part of the core mission. This NEEDS TO BE CLEARLY STATED IN THE OBJECTS OF THE CONSTITUTION.

Promotion of RSL           “Survive and Thrive”

To prospective new members  –   currently totally lacking – nothing

concrete that reaches out to younger veterans – not selling the           product.

Media releases should be frequent to engage the public to enhance reputation with emphasis on positivity.

RSL potentially will be overrun by competing ESOs e.g. Soldier On.

Donations Policy

 

We understand that the tiered system was replaced in August last year. This matter requires further review and comprehensive communication as a matter of priority.

Day Clubs

 

Should remain as part of RSL.  Believed that RSL intent is to move to RSL Lifecare?

Women’s Auxiliary

Retain the name Women’s Auxiliary or add it to the Auxiliary clauses.  It is tradition – simple.

Accountability to ACNC   Level – State Branch or Sub Branch?  Compliance  (ACNC gave 3 years to sort out)

Charitable %age      Accounting should incl other factors e.g.  WBI Appeals are not incl at Sub Branch level –

no recognition of effort other than as a payment, therefore effects charitable %age.

 

Secretary / Treasurer / Auditor

1.

Separate positions? Noted that the Secretary/Treasurer can be combined at the District level but not for sub-Branches. Should this be considered for smaller SBs?

2.

Auditor required to be qualified?  To comply with ACNC?  An additional cost to smaller Sub Branches who under NSW DFT Incorp Assoc Act are placed in Tier system according to assets. Will there be financial subsidy to cover this cost?

 

Riverina District Council RSL sub-Branch

“There is no reference in this Constitution to Life Subscribers. The SBAs and this revised Constitution needs to reflect that Affiliation Fees for Life Members and Life Subscribers are no longer paid to the District Council.

 

A small minor issue – is that if capitals are to be used for Constitution, Trustees, Property throughout the document then it needs to be consistent as some have been missed. Same with sub-branches, most areas is a small s and some a Capital S.

 

Bondi Junction/Waverley RSL sub-Branch

“The Bondi Junction Waverley RSL sub-Branch at it June Quarterly Meeting resolved to accept the “Rockdale version” of the current constitution. Notwithstanding this the sub-Branch has reviewed the draft constitution and has indicated where it agrees or disagrees with it.

The sub-Branch continues to support the Rockdale version of the current constitution in its entirety and will be voting for it at the forthcoming State Congress in October if it is presented. The sub-Branch will not be voting in favour of the draft constitution.”

 

Hunter Valley District Council RSL sub-Branch

“1.   In the FAQ’s under Auxiliary members, it says that sub-Branches do not have to include Auxiliary members in their sub-Branch meetings. Why not if they are members. It seems discriminatory not to include them.

  1. Voting for the Board should remain as it is, under the College system.

 

Queanbeyan RSL sub-Branch

Para 1 -last line, delete “and”, insert “or”; and after “in” and before “service” insert “the”. Para 2 -at the end add, (along the lines of),”, allied services and affiliate members,” Page4 1.1 -S4 (2) of the Act states, in part, “may also be called RSL NSW”. Accordingly, we suggest deleting “or RSL NSW.” and inserting, “may also be called RSL NSW.”            1.2 -delete the comma on line 1 .

 

City of Bankstown RSL sub-Branch

Notwithstanding our preference the comments below are based on the Consultation Draft Constitution. RSL NSW Clause add 1.12 and 1.13 of the current Constitution as 1.4 and 1.5. Add to Definition Southern NSW District, Northern NSW District and Metropolitan District. Definition of Delegate to add after words (“sub-Branch”) “/District Council”. Salaries of the Executive positions of RSL NSW to be available to members. All circular resolutions must appear in minutes. No provision for District Councils to be Audited and to submit returns. No provision for an audit of RSL NSW. No provision for the preservation and disposal of records. No provision for privacy. No provision for Acts and Clauses prevailing.

 

Northern Metropolitan District Council

“1. Does this or will this draft fix the problems identified in the Bergin Inquiry and satisfy the

recommendations/requirements?

  1. Does this Draft satisfy all the legislative requirements of the Corporations Act, the Charitable

Fundraising Act, and any other relevant Commonwealth or NSW legislation including the RSL NSW

Act 2018?

  1. What is the fall-back position of RSLNSW if this draft is not passed at the October Congress?
  2. This draft makes no mention so subsidiaries. What is the position of “Subsidiary” means a

subsidiary body of RSL NSW and includes a District Council, Chapter, RSL Auxiliary, Youth Club, Day

Club or other body formed to further the aims and objects of RSL NSW under this Constitution,

which is under the control and direction of RSL NSW.”

 

Alstonville RSL sub-Branch

“1.

Concerns regarding the title and/or appointment of State Secretary vis-à-vis Company Secretary and the relinquishing of Membership while so appointed.

2.

Concerns regarding the provision of support for Serving Members of the ADF (who are covered by the ADF whilst serving); whereas the primary role of the RSL is support for Members and the Ex-Service community.

3.

Pages 50 and 51 relating to Service Membership.  On page 50 the term British Commonwealth is used, then on page 51 the term Commonwealth is used; is the second to mean the ‘Commonwealth of Australia’.  The second issue is the expression “ …. In time of conflict”.  Does conflict include Peacekeepers and Peacemakers as part of a United Nations deployment (which may not involve ‘conflict’)?

 

Ballina RSL sub-Branch

“I find this draft is primarily aimed to provide authoritarian power to the Board irrespective of and not consistent with the desired Charitable Purpose of the RSL.

It should be written more as a legislative document in format, not repetitious, simple and concise use of words, applicable equally to all members, officers and functions of the organisation.

I find the document is overly dictatorial and not conducive towards constructive and cooperative management.

 

Far South Western District Council RSL sub-Branch

Page 50: Many sub branches pay sB fees for members in Smithfield or (Batlow) (?) sB’s

 

Central Coast District Council

Due to the problems, and difficulties, and innuendos – particularly those blaming the Sub-branches for the gross errors of RSL NSW – that have been heaped upon the Sub-branches, and particularly the Executives, it is apparent that many of the existing Executive members will not be available for office for the elections in 2020.  There are significantly insufficient recently transitioned out veterans available to fill the vacancies.

 

Maclean RSL sub-Branch

We require greater clarity regarding the advantages vs disadvantages of incorporating.

 

Gary Mason, Narrabri RSL sub-Branch

“As there is no sub- Branch in Collarenebri. The Collarenebri RSL Auxiliary is sponsored by Narrabri sub- Branch. (Note 200km by road)

 

At present there is no problems at Collarenebri RSL Auxiliary, I am in contact with the President Charmaine  Cochrane and the ladies readily accept my guidance, they and are currently raising funds under our Fundraising  Authority.

 

I am unaware if  any other sub-Branch has an association with an RSL Auxiliary that is in isolation to the sub- Branch.

 

I have explained the changes to the way the RSL Auxiliary will be operating under the New Constitution as  explained to the District Presidents at the July 2019 Forum.

 

i.e.

NSW RSL Auxiliary.  Under the new constitution there will three membership categories  Service Member, Affiliate and Auxiliary Member.

The members of the old Woman’s Auxiliary will become Auxiliary Members of the sub –Branch. They can attend meetings if they wish. The Auxiliary not will have their own Bank account instead the money raised will be forwarded to the sub- Branch and be deposited into the Benevolent Fund. The RSL Auxiliary can still hold their own meeting if they wish however any fundraising events have to be put to the sub- Branch for approval.

 

I can see no problems with the above changes except the banking

 

Our conundrum is that under the above constitutional requirements it will be awkward handling monies if the Collarenebri RSL Auxiliary are not allowed to have their own bank account.

 

I look for guidance from NSW RSL and request that Collarenebri RSL Auxiliary are allowed some leniency concerning the banking of their own money.

 

This is not an immediate problem however may I suggest that  it be put to the Magnificent 7 (DC7) and also discussed at the next District Presidents meeting.

 

I thank you for your assistance  ”

 

Wagga Wagga RSL sub-Branch

CEO role, member of RSL. Paid role – 5year GAP

Auxiliaries – Aff/Auxil?

Section 9.20, 9.37, 9.44, 9.58, 12.86 – Clarification

12.38, 12.39 Typo

Page 46 Commencement Date 1/12/20?

3.1 Dependents no Families – Clarification?

 

FWMDC sub-Branch B.

“1.  The draft is an improvement on the previous version and the changes are as per the accompanying PowerPoint, however, there are a number of macro improvements as well as detailed changes required to deliver a final draft acceptable to the membership. These comments provide further detail.

  1. The State Executive is in a position that still demands the rebuilding of trust with the

membership and community. Constitutional reform is a major step in rebuilding this trust and the draft must be crafted with this in mind. Clause 9.27 appears to give complete control of all sub-Branch assets to the State Executive for the pursuit of the objects of the Charitable Purpose. Any wording that implies powers of coercion over sub-Branch assets that have been built over decades of careful management will trigger suspicion. The draft must be clear that State Executive will support and respect sub-Branches in the administration of their assets and activities.

  1. The Constitution should be a basic framework for the governance of the RSL NSW and any regulations referring to routine administration should be included in the SOPs.
  2. The structure of the document is disjointed, making it difficult for office holders and

members to clearly understand their duties and obligations. The Constitution should be restructured into sections dealing with the responsibilities of, for example, District Councils.

  1. The Preamble articulates the ethos, vision, purpose and values of RSL NSW. Historical references, and particularly the recent mismanagement, do not need to be recorded.
  2. The Constitution must clearly articulate intersecting relationships with the various Acts

that also govern the RSL, such as the Corporations Act, the ACNC and of course the RSL NSW Act. Office holders must ensure they are also aware of these Acts in so far as they affect their responsibilities. Any specific reference to external regulations or legislation must not be included in the Constitution but included in the SOPs as a more flexible document responsive to changes in the accompanying Acts.

  1. The Charitable Purpose requires further consideration, expansion and business rules, although the latter could be included in SOPs.
  2. The status and requirements of incorporated and unincorporated sub-Branches needs

clear consolidation.

  1. The SOPs need recognition and promulgation in the Constitution, and should be authorised by the State Board to ensure flexibility and responsiveness separate to the

Constitution and authorised by the District President’s Council.

  1. The proposed current By-Law 22 refers to 51% expenditure on the objects of Charitable Purpose. ACNC does not require this and it is open to dispute whether an entity can impose such a rule without an adequate business case and endorsement by a generally representative body of the membership.
  2. The SOPs need to include model constitutions for incorporated and unincorporated sub-Branches and District Councils.”

 

FWMDC sub-Branch E.

“Appendix B 14 (e) (i) clause 13(d) should be clause 14(d)

Appendix B 15 – clause 13 should be clause 14

Appendix C – First heading should read “Motions of an RSL NSW General Meeting

Appendix C 12 – Clause 8 should be clause 9

Appendix C 16 – Clause 14 should be clause 15”

 

FWMDC sub-Branch F.

“1.

Given that the RSL NSW Act 2018 imposes on RSL NSW the imperative of one Member one Vote. This will need urgent action, “sometime next year” is both not good enough, and not compliant with the new Act.

2.

Appendix A. Definitions. The commencement date of 1 December 2020 may be premature, or is there a reason for this date?

3.

Appendix C, Paras 33 to 40 Proxies.

Generally speaking, the vote has always been with the members present, if Proxies are allowed how will this affect other meeting, such as District Councils and sub-Branches?

The appendix is not clear about where Proxies can be used.

Are there limits, How, Where and When will they be used?

Does one member one vote apply to sub-Branch elections as well and are proxies included?

4.

All throughout the Draft there is confusion about who this applies to. Whether RSL NSW, the Board, District Councils and sub-Branches. This needs to be clarified!

Members comments.

5.

Para 1.2, last word “Charity” change to “charitable body corporate”

6.

“The organisation now appears to be top heavy with “Highly paid” executives”

7.

Appendix A:

To be Added or Altered

a.

ACNC Act means the Australian Charities and Not-for-profits Commission Act No. 168 of 2012.

b.

body”” means a body corporate or an unincorporated body and includes, for example,

a society or association. see Corporations Act No. 50 of 2001, Part 1.2, Division 1, 9.

c.

Commencement Date means 1 December 2020 which is the date on which this

this Constitution will come into effect.

d.

Corporation means the body incorporated by the RSL NSW Act No. 48 of 2018.

Corporations Act means the Corporations Act No.50 of 2001.

e.

Elected Director means a Service Member elected as a director of RSL NSW in accordance with RSLNSW

in accordance with RSLNSW Act 2018 No. 48, Section 5 (4)

f.

Minister means the Minister responsible for adminstration of RSL NSW Act No. 48 of 2018.

g.

Remuneration of an officer or employee of a corporation. A benefit given to an

officer or employee of a corporation is remuneration if and only if the benefit,

were it received by a director of the corporation, would be remuneration of the director

for the purposes of an accounting standard that deals with disclosure in companies’

financial reports of information about directors’ remuneration.”

 

FWMDC sub-Branch G.

In general terms with the document noting that it is a blend of the previous constitution and the legislation passed by the State Government.

 

FWMDC sub-Branch I.

“Of note the Constitution has several references to “Auxiliary” – Auxiliary means an auxiliary of members which is part of a sub-Branch; formed in accordance with and governed by this Constitution. Does an Auxiliary include “Youth Clubs”? Additionally, Subsidiaries is mentioned in Clause 13.39 “Sub Branch Annual Returns” however a definition of a subsidiary is not included. Is a Youth Club a subsidiary as defined in the existing Constitution?

Will the Roles and Duties of the Executive be noted in the SOP’s?”

 

FWMDC sub-Branch L.

“RSL LifeCare

Section 3 of the draft Constitution defines most clearly, the Charitable Purpose of RSL NSW.  While recognising that RSL LifeCare exists under its own constitution and board, never-the-less it exists under the name of RSL NSW.

 

Unfortunately, due to laws covering discrimination, RSL LifeCare is almost totally unable to comply with RSL NSW’s reason for existence … the Charitable Purpose.  Needy ex-service persons have no greater right to expect admission to a RSL LifeCare service than any non-ex-service person. In addition, RSL LifeCare’s profits can never be applied to the Charitable Purpose of RSL NSW.

 

Therefore, we consider it imperative that RSL NSW move to divest itself of RSL LifeCare and take the opportunity to apply the sale proceeds to improve existing and introduce new or additional services in line with the Charitable Purpose of RSL NSW.  It may well be possible to retain selected sites (e.g. Narrabeen) so long as the services it offers are in line with the Charitable Purpose.”

 

FWMDC sub-Branch M.

“There are many issues that need to be clarified and explained prior to acceptance of a new Constitution. We do not believe there is enough time to properly consult with the membership. Revoking By-Laws and Regulations without fully replacing them will cause immense disruption to organisation.

 

At this point, adopting the Rockdale draft of the Constitution while debating the points raised by this review seems to be the most logical course of action.”

 

FWMDC sub-Branch N.

“We emailed the draft constitution out to 143 members the day we received it.

 

There were two responses;

 

  1. “I see no problems with the draft”.

 

  1. “As long as they can’t create By-Laws without consultation with the membership at an annual conference, I’m OK with it”.

 

I would certainly endorse #2 as we’ve seen the mess that arose from By-law 22!”

 

Southern Metropolitan District Council

The Southern Metro DC prefers the Rockdale sub-Branch amended Constitution 31/5/2019. Notwithstanding our preference the comments below are on the Consultation Draft Constitution.

RSL NSW Clause add 1.12 and 1.13 of the current Constitution as 1.4 and 1.5.

Add to Definition Southern NSW District, Northern NSW District and Metropolitan District.

Definition of Delegate to add after words (“sub-Branch”) “/District Council”.

Salaries of the Executive positions of RSL NSW to be available to members.

All circular resolutions must appear in minutes.

No provision for District Councils to be Audited and to submit returns.

No provision for an audit of RSL NSW.

No provision for the preservation and disposal of records.

No provision for privacy.

No provision for Acts and Clauses prevailing.

 

Other Letters of Feedback