Download CONSTITUTION of ROSANNA CRICKET CLUB INCORPORATED

CONSTITUTION of
ROSANNA CRICKET CLUB INCORPORATED
(Amended 2012)
INTRODUCTION
Words and terms used will have their ordinary meaning unless otherwise defined in this document.
CLAUSE 1
The Constitution Generally
1.1
This document (“this Constitution”) is the constitution of the Rosanna Cricket Club Incorporated
(“the Club”).
1.2
The affairs of the Club will be conducted in accordance with this Constitution and the laws of the
state of Victoria.
1.3
This Constitution will have effect only after having been adopted by the Club at an AGM or Special
Meeting.
CLAUSE 2
The General Committee
2.1
The Club will hold an Annual General Meeting (AGM) in between cricket seasons each year. Only
Life Members and members of the Club from the previous cricket season who are not indebted to the
Club for overdue moneys will be permitted to vote.
2.2
At the AGM, the Club will elect a General Committee.
2.3
The General Committee will consist of an executive consisting of
• President;
• Vice President;
• Secretary; and
• Treasurer ("Executive")
together with not less than 3 other people ("Ordinary Committee Members”) who collectively are
referred to in this Constitution as "General Committee Members".
2.4
The role of the General Committee will be to manage, until the next AGM, the proper conduct of the
affairs of the Club having regard to this Constitution.
2.5
Details as to the individual roles of the members of the Executive ("Executive Roles") are as set out
in clause 5 and, collectively, the Executive may exercise executive powers generally to ensure the
good management of the Club in the absence of the General Committee being able to meet.
2.6
In addition, the Executive may allocate roles to members of the Executive and to Ordinary Committee
Members (“Committee Roles”). Committee positions may include:
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Junior Manager;
Assistant Secretary;
Social Manager;
Property Manager;
Cricket Department Manager;
Chairman of Selectors;
Marketing Manager;
Beverage Manager;
Canteen Manager;
Club Statistician;
Facilities Manager;
Club Delegate;
such other roles as the General Committee may deem necessary or appropriate.
2.7
Details as to the Committee Roles are as set out in clause 6.
2.8
A General Committee Member may be appointed to more than one Committee position or be
appointed as an Assistant Member.
2.9
The Executive may appoint a coach or coaches (“Coaching Staff”) and the Executive may permit the
Coaching Staff to attend and to be heard at meetings of the General Committee but the Coaching Staff
will have no voting rights.
2.10
The General Committee will meet at least 4 times per year. Life Members not elected to the General
Committee may attend and be heard at meetings of the General Committee. Life Members will have
no voting rights at meetings of the General Committee.
2.11
The General Committee may not exercise its usual powers at a meeting of the General Committee
without a quorum being present. Seven individual members of the General Committee are required to
be present to comprise a quorum, one of whom must be a member of the Executive.
CLAUSE 3
Sub-Committees
3.1
The General Committee may, from time to time, appoint a sub-committee to perform certain tasks
(“Sub-Committee”). The members of a Sub Committee may include members of the Club regardless
of whether they are members of the General Committee.
3.2
A person appointed to a Sub-Committee who is not a member of the General Committee may be
permitted by the General Committee to attend meetings of the General Committee and to be heard but
will have no voting rights.
3.3
The membership, authority, purpose, role, reporting procedure and leadership of a Sub-Committee
will be determined by the Executive or the General Committee as appropriate and a Sub-Committee
must, at all times, operate within the limits of such determination.
CLAUSE 4
General Obligations of Members of the General Committee
4.1
In addition to anything else contained in this Constitution, all members of the General Committee are
required to:
• attend meetings of the General Committee;
• act generally in the interests of the Club;
• where dealing with money on behalf of or in relation to the Club, do so only as directed by the
Treasurer and to make full disclosure to the Treasurer of all such dealings;
• avoid any conflict of interest as between personal and family interests on the one hand and the
interests of the Club on the other hand ("Conflict of Interests") and to declare to the General
Committee circumstances that may give rise to or be reasonably interpreted by other members of
the Club as giving rise to a Conflict of Interests; and
• not use their position as a member of the General Committee or the Club generally to
unreasonably promote, advance or disseminate or to encourage or permit others within or
associated with the Club to promote, advance or disseminate personal interests or beliefs
including religious, racial, sectarian or political interests or beliefs.
CLAUSE 5
The Executive Roles are as follows:
5.1
President
To attend to and to be responsible to the General Committee for:
• chairing meetings of the General Committee;
• having a single vote at meetings of the General Committee;
• having, in addition to a single vote, a casting vote at meetings of the General Committee;
• representing the Club publicly as the spokesperson for the General Committee and the Club
generally; and
• being responsible to the General Committee for the operations of the Executive.
5.2
Vice-President
To attend to and to be responsible to the General Committee for:
• chairing meetings of the General Committee in the absence of the President;
• assisting the President in all of the President’s duties; and
• substituting for the President in the President's absence.
5.3
Secretary
To attend to and to be responsible to the General Committee for:
• dealing with all correspondence to the Club;
• acting generally as agent for the Club in its dealings with parties external to the Club;
• being responsible for the compilation, production and distribution of an annual report as to the
affairs of the Club ("the Annual Report");
• maintaining details as to membership of the Club;
• maintaining details as to those members of the Club who are duly registered to represent the Club
in cricket matches; and
• executing documents on behalf of the Club where necessary or as directed by the Executive.
5.4
Treasurer
To attend to and to be responsible to the General Committee for:
• opening, monitoring and conducting accounts with banks or other financial institutions in the
name of the Club ("the Bank Accounts");
• depositing into the Bank Accounts all monies received by the Club;
• making payments to creditors of the Club;
• maintaining proper financial records as to the financial affairs of the Club;
• reporting to the General Committee and Executive as to the financial status of the Club as
required;
• producing an annual report as to the finances of the Club for inclusion in the Annual Report; and
• co-operating with the Auditor.
CLAUSE 6
The General Committee Roles are as follows:
6.1
Junior Manager
To attend to and to be responsible to the General Committee for all matters relating to under age
cricket within the Club.
6.2
Assistant Secretary
To attend to and to be responsible to the General Committee for:
• taking minutes and recording minutes of meetings of the General Committee;
• circulating minutes of the proceedings of prior meetings of the General Committee; and
• assisting the Secretary in all functions of the Secretary.
6.3
Social Manager
To attend to and to be responsible to the General Committee for co-ordinating the social activities of
the Club, whether fund raising or otherwise.
6.4
Property Manager
To attend to and to be responsible to the General Committee for matters relating to the acquisition,
maintenance and use of all training and playing equipment required by the Club.
6.5
Cricket Department Manager
To attend to and to be responsible to the General Committee for:
• matters relating to on field player performance and conduct;
• training;
• the Coaching Staff; and
• conveying to the coaching staff and players the policies, requirements and expectations of the
General Committee.
6.6
Chairman of Selectors
To attend to and to be responsible to the General Committee for team selection and the
implementation of any selection policies determined by the General Committee.
6.7
Marketing Manager
To attend to and to be responsible to the General Committee for:
• matters relating to advertising, sponsorship and fund raising not related to social activities; and
• marketing and promoting the Club.
6.8
Beverage Manager
To attend to and to be responsible to the General Committee for:
• matters relating to bar facilities and beverage provision generally;
• relevant health controls;
• liquor licensing issues; and
• coordinate financial activities associated with bar facilities as directed by the treasurer.
6.9
Canteen Manager
To attend to and to be responsible to the General Committee for matters relating generally to the
management of canteen facilities and relevant health controls.
6.10
Club Statistician
To attend to and to be responsible to the General Committee for matters relating generally to:
• the management, generation and maintenance of statistics and statistical reports relating to
players and teams representing the Club;
• the publication of such statistics and statistical reports (including in Annual Reports);
• providing statistics to associations with whom the Club is affiliated and governing bodies,
sporting or otherwise; and
• monitoring and recording playing milestones.
6.11
Facilities Manager
To attend to and to be responsible to the General Committee for matters relating generally to the good
management, maintenance and upkeep of playing venues, club rooms and other facilities occupied,
utilised or owned by the Club.
6.12
Club Delegate
To attend to and to be responsible to the General Committee for:
• where directed by the General Committee or Executive, to represent the Club at meetings,
seminars, conventions or the like external to the Club, including those conducted by government,
local government, and semi government bodies, community groups, clubs or sporting
associations; and
• reporting back to the General Committee or Executive as the case may be.
6.13
Assistant Member
To attend to and to be responsible to the General Committee for assisting the Executive or General
Committee Members as may be required from time to time.
CLAUSE 7
Auditor
7.1
The General Committee will appoint an auditor to audit the financial and accounting transactions and
practices of the Club (“Auditor”).
7.2
All General Committee Members are to provide the Auditor with all assistance reasonably required
by the Auditor.
7.3
The Auditor will report to the Executive.
7.4
The Auditor will be engaged, inter alia, to implement financial and accounting standards and practices
usual and appropriate within Australia for a club of the nature and scale of the Club.
CLAUSE 8
Powers of the General Committee
8.1
The General Committee will have the power and authority to make such regulations, laws, rules or
by-laws and to take such action as may reasonably be considered necessary by it to give effect to its
role as set out in this Constitution and to generally ensure the good management of the Club.
CLAUSE 9
Attendance at Meetings of the General Committee
9.1
Any member of the General Committee who fails to attend three consecutive meetings of the General
Committee or engages in conduct which, in the reasonable opinion of the General Committee, is
inappropriate in all of the circumstances, may be removed from the General Committee by the
General Committee.
9.2
The General Committee may reinstate such person upon receipt of a satisfactory explanation as to the
person's absence or the conduct in question.
9.3
Should a vacancy arise on the General Committee, the General Committee may appoint any Life
Member to fill that role until the next Annual General Meeting.
CLAUSE 10
Annual Subscriptions
10.1
The General Committee may establish a fee or fees payable for any person to be a member of the
Club ("Annual Subscriptions").
10.2
Annual Subscriptions may vary as between different categories of members of the Club.
10.3
In determining Annual Subscriptions payable, regard should be had to setting an Annual Subscription
that is appropriate for various categories of members of the Club including:
10.3.1 senior playing members who are not full time students;
10.3.2 senior playing members who are full time students whether secondary or tertiary;
10.3.3 junior playing members;
10.3.4 non playing members; and
10.3.5 members who make financial or other contributions to the Club.
10.4
The General Committee will determine the rate of Annual Subscriptions prior to the start of each
playing season and, in doing so, regard will be had to the recommendations of the Treasurer.
10.5
Annual Subscriptions are to be paid in full by not later than 31 October each year or such later date as
the Treasurer may permit. In the case of a member seeking to join the Club after 31 October, Annual
Subscriptions are payable at a rate and by a date to be determined in each particular case by the
Treasurer.
10.6
Any member of the Club who has not paid Annual Subscriptions by 30th November may, at the
discretion of the Treasurer, be deemed ineligible for selection in any or all teams representing the
Club.
10.7
Any member of the Club not having paid Annual Subscriptions due from the previous year will be
deemed ineligible for selection in any team representing the Club unless, in the opinion of the
Treasurer, compelling circumstances exist for that member of the Club to be deemed eligible for
selection.
CLAUSE 11
Appointment of Captains
11.1
All captains of senior teams representing the Club will be appointed by the General Committee but
regard will be had to the recommendations of the Chairman of Selectors.
CLAUSE 12
Team Selection
12.1
Selection of senior teams representing the Club will be the responsibility of the Chairman of Selectors
in conjunction with the appropriate senior team captains and the senior coach.
12.2
The Chairman of Selectors may, with the consent of the Executive, form a sub-committee to assist
with such matters or delegate the selection of specific teams to a particular individual.
12.3
Selection of junior teams will be the responsibility of the relevant team coaches in consultation with
the Junior Manager.
CLAUSE 13
Awards
13.1
Awards including trophies will be made at the discretion of the General Committee.
13.2
The criteria for such awards will be determined from time to time by the General Committee and
details of such criteria are to be published on the internet and made readily available to all members
of the Club. Any changes to the named awards must be approved by a 75% majority vote at an AGM
or Special General Meeting.
CLAUSE 14
W. P. Luby Award
14.1
The W P Luby Award will be awarded annually by the Executive to a person making an outstanding
contribution to the Club's activities off the field.
14.2
Nominations may be made by any member of the Club and must be made to the President by 1 March
each year and the recipient of the award will be determined by the Executive.
CLAUSE 15
Life Membership
15.1
The General Committee may appoint people as members of the Club for the duration of that person's
life ("Life Members").
15.2
Club members may nominate a person to be made a Life Member by notice in writing to the President
to be received by 30th April.
15.3
A sub-committee of three Life Members will be appointed by the General Committee to consider
nominations received.
15.4
This sub-committee will report its recommendations to the Executive who will present the
nominations of the sub-committee to a General Committee Meeting.
15.5
If a majority of those permitted to vote at the General Committee meeting vote in favour of a nominee
becoming a life member, then life membership will be bestowed upon the nominee.
CLAUSE 16
Interpretation of this Constitution
16.1
In the event of a dispute as to the interpretation of this Constitution, the General Committee may
provide a ruling as to its interpretation, which interpretation will be binding.
16.2
Concern by a member of the Club as to the interpretation of this Constitution may constitute an
appropriate Purpose for the convening of a Special Meeting (as detailed in clause 18).
CLAUSE 17
Financial Issues
17.1
The financial year of the Club will commence on 1 June each year.
17.2
All Bank Accounts will be maintained with three signatories being members of the executive.
17.3
All financial transactions require the authorisation of two of those signatories.
CLAUSE 18
Special Meetings
18.1
Any four members of the General Committee (none of whom are indebted to the Club for overdue
moneys) or any eight members of the Club (none of whom are indebted to the Club for overdue
moneys) may by notice in writing to the Secretary ("Request for a Special Meeting") request that an
extra-ordinary of the Club ("Special Meeting") be held whereupon the Secretary will, within 14 days
of receiving a Request for a Special Meeting deemed valid by the Secretary, circulate or publicise that
a Special Meeting of the Club is to be held ("Notification of Special Meeting"), such Special
Meeting to be held within 14 days of the circulation or publication of the Notification.
18.2
A Special Meeting of the Club is to be open to all members of the Club (other than any member of the
Club who is indebted to the Club for overdue moneys) including life members of the Club.
18.3
The Notice of Special Meeting must state the purpose of such a meeting ("the Purpose"). The
Purpose must be one which, in the reasonable opinion of the President, is:
18.3.1 the proper subject of a Special Meeting as otherwise provided for in this Constitution; or
18.3.1 of such significance to the conduct or wellbeing of the Club or particular members of the Club
that the matter ought properly be dealt with by the broader Club community at a Special
Meeting.
18.4
A Special Meeting may not exercise any powers without a quorum being present. Twelve members of
the Club are required to be present to comprise a quorum. Two of that twelve must be Ordinary
Committee Members and two of that same twelve must be Executive Members.
18.5
Any motion put forward at the Special Meeting must relate to the Purpose, and a majority vote
(greater than 50% of eligible votes as per clause 18.2) will be required to carry the motion.
CLAUSE 19
Constitution to be Available
19.1
A copy of this constitution is to be made available on the internet and is available on request to
members of the Club.
CLAUSE 20
Amending this Constitution
20.1
This Constitution may only be altered by a majority vote at an AGM or Special Meeting, and
proposed changes must be provided to members at least 14 days prior to the meeting.
CLAUSE 21
Winding Up of the Club
21.1
In the event of the winding up of the Club, the assets of the club will be disposed of in accordance
with the provisions of the Associations Incorporation Act 1981 as amended or such other legislation
as may be enacted so as to supersede the Associations Incorporation Act 1981.
CLAUSE 22
Sanctions Involving Members
22.1
If the General Committee by a majority vote resolves that a member has not complied with the
reasonable directions of the General Committee, or has engaged in conduct unbecoming of a member
of the Club or has acted in a manner prejudicial to the interests of the Club ("the Member in Issue"),
the General Committee may resolve to impose a sanction upon the Member in Issue ("the Sanction
Resolution"). Any sanction imposed must, in the opinion of the General Committee, be reasonable in
the circumstances and proportional to the conduct in question of the Member in Issue ("the
Sanction").
22.2
The Sanction may involve the cancellation or suspension of the membership with the Club of the
Member in Issue.
22.3
Where the Member in Issue is also a General Committee Member, the Sanction Resolution may
provide for the termination or suspension of the entitlement of the Member in Issue to being a
General Committee Member.
22.4
Within 7 days of the General Committee making the Sanction Resolution, the Secretary must, by
notice in writing, advise the Member in Issue as to the details of the Sanction Resolution, the Sanction
and the grounds for making the Sanction Resolution ("the Sanction Notice").
22.5
The Member in Issue may, by notice in writing to the Secretary to be received by the Secretary within
7 days of the Member in Issue receiving the Sanction Notice, appeal the Sanction Resolution ("the
Sanction Appeal");
22.6
Upon receiving a Sanction Appeal, the Secretary must convene a meeting of the General Committee,
which meeting must then be held within 28 days of the Secretary receiving the Sanction Appeal, and
at which meeting the Member in Issue has the right to be heard or, if the Member in Issue chooses, to
have a written submission read to the meeting elaborating on or setting out the views of the Member
in Issue in regard to the Sanction Resolution, the Sanction Notice and the Sanction Appeal or matters
relating to any issues raised in any such documents. The Member in Issue may have a representative
of their choosing support them at such meeting;
22.7
If the Member in Issue is present at the meeting, after having stated their case, the Member in Issue,
will leave and the General Committee will consider and vote on the matter;
22.8
If by a majority vote the General Committee resolves that the Sanction Resolution is to stand, then the
Sanction Resolution will stand. Alternatively, if the General Committee by a majority vote resolves to
vary the sanction contained in the Sanction Notice, a new Sanction Notice will be issued by the
General Committee ("Revised Sanction Notice") and the Sanction Notice will lapse. In either case,
the Secretary will, within 7 days of the meeting, give notice in writing to the Member in Issue
confirming that the Sanction Notice is to stand or, alternatively, provide full details of the Revised
Sanction Notice;
22.9
If the Member in Issue remains unsatisfied, the Member in Issue may initiate the procedures provided
for in clause 18 for the convening of a Special Meeting. At this Special Meeting, the Member in Issue
has the right to be heard or, if the Member in Issue chooses, to have a written submission read to the
meeting elaborating on or setting out the views of the Member in Issue in regard to the Sanction
Resolution, the Sanction Notice, the Revised Sanction Notice and the Sanction Appeal or matters
relating to any issues raised in any such documents. The Member in Issue may have a representative
of their choosing support them at such meeting;
22.10 If the Member in Issue is present at the meeting, after having stated their case, the Member in Issue,
will leave and the General Committee will consider the matter and a secret vote will be held as to
whether the terms of the Sanction Notice or the Revised Sanction Notice as the case may be will
stand. The Sanction Notice or the Revised Sanction Notice as the case may be will be revoked unless
two thirds of the members entitled to vote at the meeting vote that the terms of the Sanction Notice or
the Revised Sanction Notice as the case may be are to stand.
CLAUSE 23
Dispute Resolution
23.1
Where a dispute exists between two members of the Club, the dispute is to be resolved using
procedures outlined in Section 8 of the “Model Rules for an Incorporated Association” as updated
from time to time by the Victorian Department of Consumer Affairs or its successor.
CLAUSE 24
Club Colours
24.1
The colours of the Club are Green and Gold.
CLAUSE 25
Honorary Member
25.1
Honorary membership is granted on game day to all members, players and officials of the visiting
club for that day only.
25.2
Honorary members have full membership rights however do not have voting rights of any kind within
the club and cannot stand for office.
CLAUSE 26
Additional Rules
26.1
The following club rules exist to support the operation of a Liquor Licence:
26.1.1 No payment of any amount is to be made to an officer or servant of the club by way of
commission or allowance from the receipts of the club for the sale and disposal of liquor.
26.1.2 A visitor to the club must not be supplied with liquor in the club premises unless the visitor is:
i) a guest in the company of a member of the club; or
ii) an authorized visitor admitted in accordance with the rules of the club.
25.1.3 A record of guests is to be maintained within the club.