Clubs Handbook // Section 7 - Club Constitutions

What is a Club Constitution?

Your Club Constitution is the policy that governs your Club, as agreed by the members of the Club. Executives should use it as a reference to know how to run the Club and what must be done throughout the year. Requirements specified in a Club’s Constitution must be adhered to.

In order to remain affiliated with Arc, your Club Constitution can only be changed at a General Meeting of your Club. It is important that you ensure that these changes are in line with Arc's requirements for Club Constitutions. Any breaches may result in the suspension of your Club's affiliation with Arc until the issue has been resolved, or your Club may be disaffiliated altogether.

How do I write a constitution?

The Arc Model Clubs Constitution provide a guide of what is acceptable for your Constitution. This does not mean that your Club cannot make changes, just that any changes must not violate the minimum parameters set out.

• Template for ALL Clubs

For example, the model constitution specifies an ‘optional preferential’ voting system for elections where all members have one (1) vote. If you were to introduce a first past-the-post voting system it would be approved by Arc, however if you were to restrict some members' ability to vote, your Club's Arc affiliation may be suspended.

It is therefore always recommended that Clubs consult Arc Clubs Staff before making constitutional changes. This provides the opportunity for your proposed changes to be checked over and ensure they are compliant with Arc Policy.

You Club Executive should always keep an up-to-date, editable copy of your Constitution. Further, whenever changes are made, or when you reaffiliate, you must supply a digital copy of your Constitution to Arc to be stored on our database. If ever you lose your Constitution, or have any questions about potential changes, contact clubs@arc.unsw.edu.au.

Minimum Constitution Requirements

Arc will only affiliate Clubs that operate under a constitution that meets the requirements of Arc. The Club’s constitution must have been accepted at the Inaugural General Meeting of the members of the Club. Clubs may make amendments or accept a new constitution at an Annual or Extraordinary General Meeting of the members of the Club.

Constitutions should include:

Club’s full name, aims and objectives

Membership (see Clubs Handbook Section 8 for more information)

• Define membership types (if there is more than one (1)), and stipulate eligibility;
  • For Regular Clubs, all UNSW students are eligible for Club membership; 
  • For Constituent, Residence and Partner Clubs, all students with the agreed Program, School, Faculty, Residence, Partner Organisation or Campus respectively, are eligible for Club membership; 
• All Clubs may allow for associate membership for those that are ineligible for full membership. The Club may restrict associate membership to specific groups (e.g. UNSW staff or alumni), as long as these restrictions do not contravene Anti-Discrimination legislation; 
• For all Clubs, individuals must complete a membership form set by the Club and pay a set membership fee in order to become a Member or Associate Member (refer to for fee requirements) 
• Stipulate the duration of membership. Arc recommends this be no more than one calendar year from the commencement of their membership, and that it expires should they cease to be a UNSW student. 

Register of Members

• The Club must maintain a register of Club members including name, student number and email; 
• The membership list may not be distributed with any third party other than Arc without the expressed written permission of individual members. 

Membership Fees

• The constitution must explicitly state any membership fees or delegate the determination of fees to the Club Executives. 
• Where fees are stated explicitly, these fees must meet the requirements in . 
• For all Clubs, both full and associate members may be charged a membership fee; 

Accepting/Removing members and Executives

• The constitution must stipulate a fair and democratic process for the removal of members and executives; 
• Any removal of members and Executive may only occur: 
• at a general meeting of the Club by a vote of the members; or 
• by a majority vote of the club’s executive committee and only following consultation with Arc. 
• A decision not to accept the membership of an eligible candidate may only be made at a general meeting of the Club by a vote of the members. 

Executives and committee 

• The make-up of the Executive, including the number of people holding the position at any time (e.g. Two (2) Co-Presidents, a Treasurer); 
• The roles and responsibility of the Executive as a whole, and each member of the Executive individually; 
• At minimum, the Executive must include (but may be differently titled):
  • A President; 
  • A Vice-President; 
  • A Treasurer; 
  • A Secretary; 
  • A Welfare Officer;
• At least three members must hold the positions stipulated in E(iii) and the same person must not hold the position of President and Treasurer. 
• The same person must not also hold the positions of President and Welfare Officer. 

Clubs may add additional executives to their constitution but must include the position title in the list of Executive roles of the model constitution and a position description (in of the model constitution). 

For Clubs where one or more Executive positions are held jointly (i.e., the same position is held by more than one person), this must be stated within the Club’s Constitution (note: the numbering may differ depending on each Club’s constitution. These are based on the current Model Constitution): 

The number of people that hold the position must be specified, e.g. 

3.1.1 Two (2) Co-Presidents 

The following clauses are also required: 

• 3.3 Unless specified in 3.1, job sharing of any Executive position is not permitted. 
• 3.3.1 All Executives holding a shared position are jointly responsible for all the duties of the position that are specified in Section 3.8. 
• 3.3.2 Each Executive position is only entitled to one vote in Executive decisions, even if the position is held by more than one person. This vote cannot be divided to allow partial votes to be cast by those holding a joint position 
• The constitution must stipulate a fair and democratic election process for the Executive that does not breach the requirements in F. This includes specifying the voting system, e.g. optional preferential voting. 
• Voting rights are restricted to members that had joined the Club at the time that notice of the election was given, except in the instance of Executive elections where the position represents a specific subset of members such as year representatives, voting rights can be restricted to the members represented by this position (e.g. the members in the relevant year of study). Allowances for these positions and restrictions are at the discretion of Management; 
• Associate members do not have voting rights; 
• Any member must be eligible to stand for election to an Executive position if they are eligible to vote in the election of that position.  
• Executive positions may be referred to by names other than those specified in (iii). The responsibilities of these roles may also be combined within the constitution so long as the President does not hold the responsibilities of the Treasurer and Welfare Officer, and there are at least three (3) executive positions and at least three (3) separate persons on the executive at all times. 
• The Club may also have a committee, which may be appointed by the Executive or elected by the members at a General Meeting; 
• The constitution must stipulate the functions and processes of the executive and may stipulate the functions and processes of the committee, if it exists. The executive is responsible for the activities and finances of the Club, as well as maintaining and reviewing the policies and procedures of the Club, including its Grievance Resolution Policy & Procedure. The committee (if one exists) operates under the direction of the Executive; 
• The constitution must stipulate that The Executive (and Committee, if it exists) is at all times bound by the decisions of a club Inaugural, Annual or Extraordinary General Meeting. 

General Meetings 

The constitution must stipulate an appropriate process for calling general meetings. 

• The constitution must stipulate requirements and processes for giving notice of general meetings.
  • At minimum, notice must be provided in writing to all members and to Arc at least 14 days in advance. 
• The constitution must stipulate voting rights 
• All members are entitled to one (1) vote, with the following exceptions:
  • Voting rights are restricted to members that had joined the Club at the time that notice of the meeting was given or in the instance of elections, voting rights can be restricted as per . 
  • Associate members do not have voting rights. 
  • The constitution must stipulate democratic requirements for a motion to be passed at a General Meeting (e.g. a simple majority). The requirement must be no less than half of those eligible to vote on the motion at the meeting. 
• The constitution must stipulate a quorum, and this must be at minimum be ten members or half of the Club membership, whichever is the lesser. 
• The constitution must stipulate a process by which members can petition the Executive in writing to hold an Extraordinary General Meeting, including at minimum:
  • The number of members of the Club that must be a party to the petition (this must at minimum be twenty (20) members or half of the Club Membership, whichever is the lesser); 
  • A required timeframe for the meeting to be held once the petition has been submitted to the Executive (this must be no sooner than 14 days and no later than 21 days, and the meeting must be held on the main campus at which the club holds most of its events, with an option for online/hybrid meeting, between 8am-8pm Monday to Friday). 
  • Once petitioned, an EGM may deal with the following matters:
    • Removal of ordinary members of the club 
    • Removal of Executive members from the Executive 
    • Constitutional Change 
    • General motions affecting the club 
    • Any other business those petitioning see fit to raise 
• All items for that EGM must be mentioned in the mailout to all members before the meeting. 

Constitutional Amendments 

• The constitution must stipulate that constitutional amendments may only be approved by a vote of the members at a General Meeting of the Club. 

Proxy Voting 

• The constitution may stipulate if and when proxies are allowed at meetings (e.g. meetings not held on academic days of held off Kensington campus) 
• Clubs must allow proxy votes at General Meetings held on a non-academic day. It is up to the discretion of Clubs whether meetings held on academic days can have proxies or not.  
• All proxy votes must be directed proxies outlining how that person wishes to vote on each motion or election. If a voter does not specify how their vote is to be directed, the vote exhausts. 
• All proxy votes must contain the name, student number, phone number, email address and written signature of the absent voter. Where relevant, it should also contain the membership number of the club, and/or the online username of the voter as well as any other identifying features the Returning Officer (or in their absence, Meeting Chair) deems relevant. 
• All proxy votes must be submitted to the Returning Officer, via the publicly stated Returning Officer email address (or in their absence, the Meeting Chair) no later than 24 hours prior to the scheduled start of the Annual or Extraordinary General Meeting.  
• The constitution may stipulate additional requirements for proxy voting in addition to the requirements stipulated in Model Constitution, as long as they do not contravene Arc’s requirements. 

Management of Funds 

• The constitution must stipulate how the Club’s funds are to be managed. 
• At minimum, the constitution must stipulate:
  • That the executive must approve all accounts and expenditure for payment; 
  • Which Executive is responsible for the management of Club funds, including 
  • Keeping and maintaining Club financial records; 
  • Ensuring that funds are not misused; 
  • Ensuring that the Executive is kept informed of the Club’s financial position; 
  • Carrying out financial transactions as directed by the Executive 
  • That this Executive must be one of the signatories on all Club bank accounts; 
  • That all payments must be conducted by dual-signatory; 
  • That only Executive members can be signatories on Club bank accounts; 
  • That the Club must maintain full and up-to-date financial records including a general ledger; 
  • That the Club may not lend money under any circumstances; 
  • That the Club must remain solvent at all times; 
  • That all club expenses must be met with documentation. 

Inspection of Books 

• The constitution must stipulate that all Club records and financials are open to inspection by Arc at any time. 

Not-for-profit clause 

All club Constitutions must contain the clause shown in 35.12 (ii) in its entirety without edits: 

• " The assets and income of the organisation shall be applied solely in furtherance of its above-mentioned objects and no portion shall be distributed directly or indirectly to the members of the organisation except as bona fide compensation for services rendered or expenses incurred on behalf of the organisation.” 

Dissolution 

• The constitution must stipulate a process for dissolving the Club including at minimum, 
• That an EGM is called, following the same petition and notification requirements as all General meetings, with the addition that the notice of the meeting must specify that the meeting is being called to vote on dissolving the Club 
• Quorum for the meeting, which must at minimum be twenty (20) members or three-quarters of the Club membership, whichever is lesser; 
• That only business directly related to potential dissolution is conducted at the meeting 
• That after a representative of those proposing the dissolution states its case, any opposition must be given the opportunity to reply, with at least ten minutes set aside for this purpose; 
• The votes required to pass the motion to dissolve the Club (this must be no less than twenty (20) members or three-quarters of the club membership, whichever is the lesser). 

Sections (a) to (e) may be waived at the discretion of Management if the executive can show they have attempted to enact sections (a) to (e) at least twice and have been unable to reach quorum both times. 

If sections (a) to (e) are waived this will not result in the dissolution of the club by Arc but will constitute a disaffiliation from Arc. 

The constitution must stipulate a period of financial and administrative inactivity after which the Club is automatically dissolved. This period must be no more than eighteen (18) months. 

The constitution must stipulate that: 

• On dissolution of the club, the club is not to distribute assets to members. 
• All assets are to be distributed to an organisation with similar goals or objectives that also prohibits the distribution of assets to members. This organisation may be nominated at the dissolution meeting of the club. If no other legitimate club or organisation is nominated, Arc will begin procedures to recover any property, monies or records belonging to the club which it perceives would be useful to other Arc-affiliated clubs. 
• Upon dissolution or disaffiliation from Arc, Arc will provide details on how to close the club to the outgoing executive so that all issues are finalised within a fortnight of the dissolution or disaffiliation of the club.  

Anti-discrimination 

• The constitution must stipulate that the club will comply with Anti-Discrimination legislation in all of its activities and procedures, including the granting of club membership. 

FAQs

Is there a sample Constitution we can look at to help us to write our own?

Yes! Arc Model Constitution for all types of Clubs are available on the Arc Forms and Files website. You can still make changes – just ask us to for help check them against Arc’s requirements.

• Template for ALL Clubs

What do we do if we want to edit or change parts of the Club's constitution?

Additions or changes to the constitutions can only take place at EGMs or AGMs (or at the IGM held to form your Club). The proposed changes must be discussed and approved by a vote of the members at the meeting, and then submitted to the Arc Clubs team via the Arc online platform for approval. We recommend that you seek advice from Arc Clubs staff well in advance to ensure that your proposed changes still meet Arc’s requirements for Club constitutions.

When it comes to some more complex aspects about Club management, a proper consultation can be extremely helpful and can save you a lot of time and effort. Our Clubs team have a range of executive experience and can provide valuable guidance on a variety of areas.

You can use consultations to ask about complicated issues, find out what options you have and improve your understanding of your situation. You can book a consultation session, or email us at clubs@arc.unsw.edu.au to organise a time to speak with the team.

Consultation bookings run for 15 minutes and are held in the Clubs Space. Book via the Files and Forms page.

Related Documents

Clubs Handbook

Section 8 - Club Membership

Section 9 - Holding a General Meeting of Your Club

Section 12 - Incorporation

Section 18 - Club Financial Management

Section 22.1 - Equity, Diversity, Inclusion, Cultural Sensitivity

Forms & Files

ALL Clubs Model Constitution

Arc Clubs Example Proxy Form