GRANGE UNITING NETBALL CLUB CONSTITUTION:
- Purposes of Association
- Powers of Association
- General meeting
- Business of General Meeting
- Dispute Resolution
- Prohibition Against Securing Profits for Members
- Winding Up
- Application of Surplus Assets
As at Annual General Meeting 2006
The name of the incorporated association is Grange Uniting Netball Club, referred to herein as 'the association'.
- 'Committee' means the committee of management of the association
- 'General Meeting' means a general meeting of members of the association convened in accordance with these rules.
- 'Member' means a member of the association.
- 'The Act' means the Associations Incorporation Act 1985.
- 'Special Resolution' means a special resolution defined in the Act.
- 'Month' shall mean a calendar month.
3)OBJECTS OR PURPOSES OF THE ASSOCIATION:
The objects of the association are:
- To promote and encourage members to play netball.
- To promote the sport of netball throughout the community
- To give all members (players) equal opportunity to play and learn about every position and their roles.
- To form committees to run and finance the association.
4)POWERS OF THE ASSOCIATION:
The association shall have all the powers conferred by Section 25 of the Act.
- Registered players are liable to pay subscriptions to play
- Parents, family coaches and support staff are liable to pay subscriptions for juniors.
- All members subscribing to join the association or renew subscriptions:
- The committee will be comprised of the following:
- The affairs of the association shall be managed and controlled by the committee which in addition to any powers and authorities conferred by these rules may exercise all such powers and do all such things as are within the objects of the association, and are not by the Act or by these rules required to be done by the association in general meeting.
- The committee has the management and control of the funds and other property of the association.
- A committee member shall be a natural person.
- Subject to 'Clause 7.4' of the Act, President and Vice President shall not hold the same office for more than five (5) consecutive years and elected committee members shall not be eligible for election as elected committee member for more than five (5) consecutive years.
- The committee may appoint a person to fill a vacancy, and such a committee member shall hold office until the next annual general meeting of the association and shall be eligible for election to the committee without nomination.
- The committee may do the same as Clause 6 e) for casual vacancies.
- The committee shall meet together for dispatch of business:
- In November each year for the Annual General Meeting before the start of following season.
- The month before end of season.
- The month before start of season.
- Questions arising at any meeting of the committee shall be decided by a majority of votes, and in the event of equality of votes the chairperson shall have a casting votein addition to a deliberative vote.
- A quorum for a meeting of the committee shall be one half of the members of the committee.
- The office of a committee member shall become vacant if a committee member is:
- Disqualified from being a committee member by the Act.
- Expelled as a member under these rules.
- Permanently incapacitated by ill health.
- Absent without apology from more than four meetings in a financial year.
If the President is not present at a meeting, then a non-voting Chairperson will be elected to run the meeting.
7.1 Annual General Meetings
7.2 Special General Meetings
- The committee may call a special general meeting of the association at any time.
- Upon a requisition in writing of not less than 5% of the total number of members of the association, the committee shall within one month of the receipt of the requisition, convene a special general meeting for the purpose specified in the requisition.
- Every requisition for a special general meeting shall be signed by the relevant members and shall state the purpose of the meeting.
- If a special general meeting is not convened within one month, as required by 7.2 b) above, the requisitionists, or at least 50% of their number, may convene a special general meeting. Such a meeting shall be convened in the same manner as nearly as practical as a meeting convened by the committee, and for this purpose the committee shall ensure that the requisitionists are supplied free of charge with particulars of the members entitled to receive a notice of meeting. The reasonable expenses of convening and conducting such a meeting shall be borne by the association.
7.3 Notice of General Meetings
- Subject to 7.3 b), at least 14 days notice of any general meeting shall be given to members. The notice shall set out where and when the meeting will be held, and particulars of the nature and order of the business to be transacted at the meeting.
- Notice of a meeting at which a special resolution is to be proposed shall be given at least 21 days prior to the date of the meeting.
- A notice may be given by the association to any member by serving the member with the notice personally, or by sending it by post to the address.
- Where a notice is sent by post:
7.4 Proceedings at General Meetings
- Ten members, present personally or by proxy shall constitute a quorum for the transaction of business at any general meeting.
- If within 30 minutes after the time appointed for the meeting a quorum of members is not present, a meeting convened upon the requisition of members shall lapse. In any other case, the meeting shall stand adjourned to the same day in the next week, at the same time and place and if at such adjourned meeting a quorum is not present within 30 minutes of the time appointed for the meeting the members present shall form a quorum.
- Subject to 7.4 d), the chairperson shall preside as chairperson at a general meeting of the association.
- If the chairperson is not present within five minutes after the time appointed for holding the meeting, or he or she is present but declines to take or retires from the chair, the members may choose a committee member or one of their own number to be the chairperson of that meeting.
7.5 Voting at General Meetings
- Subject to these rules, every member of the association has only one vote at a meeting of the association.
- Subject to these rules, a question for decision at a general meeting, other than a special resolution, must be determined by a majority of members who vote in person, or, where proxies are allowed, by proxy, at that meeting.
- Unless a poll is demanded by at least five members, a question for decision at a general meeting must be determined by a show of hands.
- A member being a body corporate shall be entitled to appoint one person, who shall not be a member of the association, to represent it at a particular general meeting or at all general meetings of the association. That person shall be appointed by the corporate member by a resolution of its board, which may be authenticated under its seal. Such a person shall be deemed to be a member of the association for all purposes until the authority to represent the corporate member is revoked.
7.6 Poll at General Meetings
- If a poll is demanded by at least five members, it must be conducted in a manner specified by the person presiding and the result of the poll is the resolution of the meeting on that question.
- A poll demanded for the election of a person presiding or on a question of adjournment must be taken immediately, but any other poll may be conducted at any time before the close of the meeting.
7.7 Special and Ordinary Resolutions
A member shall be entitled to appoint in writing a natural person who is also a member of the association to be their proxy, and attend and vote at any general meeting of the association.
- Proper minutes of all proceedings of general meetings of the association and of meeting of the committee, shall be entered within one month after the relevant meeting in minute books kept for the purpose.
- The minutes kept pursuant to this rule must be confirmed by the members of the association of the members of the committee (as relevant) at a subsequent meeting.
- The minutes kept pursuant to this rule shall be signed by the chairperson of the meeting at which the proceedings took place of by the chairperson of the next succeeding meeting at which the minutes are confirmed.
- Where minutes are entered and signed they shall, until the contrary is proved, be evidence that the meeting was convened and duly held, that all proceedings held at the meeting shall be deemed to have been duly held, and that all appointments made at a meeting shall be deemed to be valid.
9) Business at Annual General Meetings
- Minutes from last meeting.
- The Secretary's annual report.
- Presentation of audited accounts.
- Election of committee members.
- Any other business requiring consideration by the association in general meeting.
10) Dispute Resolution
- The dispute resolution procedure set out in this rule applies to disputes under tese rules between:
- The parties to the dispute must meet and discuss the matter in dispute, and, if possible resolve the dispute within fourteen (14) days after the dispute comes to the attention of all of the parties.
- If the parties are unable to resolve the dispute at the meeting the parties may choose to meet and discuss the dispute before an independent third person agreed to by the parties.
- In this rule 'member' includes any person who was a member not more than six months before the dispute occurred.
11) Financial reporting
- The first financial year of the association shall be the period ending on the next 30th June following incorporation, and thereafter a period of 12 months commencing on 1 July and ending on 30 June of each year.
- The association shall keep and retain such accounting records as are necessary to correctly record and explain the financial transactions and financial position of the association in accordance with the Act.
- The accounts, together with the auditor's report on the accounts, the committee's statement and the committee's report, shall be laid before members at the Annual General Meeting.
12) Prohibition Against Securing Profits for Members
The income and capital of the association shall be applied exclusively to the promotion of its objects and no portion shall be paid or distributed directly or indirectly to members or their associates except as bona fide remuneration of a member for services rendered or expenses incurred on behalf of the association.
13) Winding Up
The association may be wound up in the manner provided for in the Act.
14) Application of Surplus Assets
- If after the winding up of the association there remains 'surplus assets' as defined in the Act, such surplus assets shall be distributed to any organisation which has similar objects and has rules which prohibit the distribution of its assets and income to its members.
- Such organisation or organisations shall be identified and determined by a resolution of members in general meeting.
- These rules may be altered (including an alteration to the association's name) by special resolution of the members of the association. This includes recision or replacement by substitute rules.
- The alteration shall be registered with the Office of consumer and Business Affairs, Corporate Affairs and Compliance Branch, as required by the Act.
- The registered rules shall bind the association and every member to the same extent as if they have respectively signed and sealed them, and agreed to be bound by all of the provision thereof.