Constitution of the Wynnum and District Neball Association Incorporated

Wynnum And District

Netball Association

Incorporated

Association Name:

The name of the Association is the Wynnum and District Netball Association Incorporated hereinafter referred to as “the club”

Club’s Office

The office of the club shall be at the Clubroom, Elanora Park, Granada Street, WynnumQLD 4178 or at such other place the Committee may determine if so required.

Objects

The objects of the club are:

a)To foster, promote and advance the game of Netball in the Wynnum, Manly and surrounding districts and to field Netball teams that participate in Queensland Netball competitions and any other competition sanctioned by the Club

b)To promote and develop the necessary skills of the game of Netball and sport and sense of sportsmanship and fair play.

c)To increase community participation in Netball and the Club

Attaining Objects

The Club shall be empowered to do all things necessary which are incidental to and necessary for the attainment of the objects of the club

Property of the Club

The club must apply all property and income of the club toward the promotion of the objects or purpose of the club and no part of that property or income to be paid or otherwise distributed, directly or indirectly, to members of the club except in good faith in the promotion of those objects or purposes.

Powers of the Club: (as conferred by the Act)

a)To raise and distribute funds for the benefit of the Club from Services and Facilities provided to members of the club and to the general public as the Committee may from time to time determine;

b)To enter into leases on behalf of the club;

c)To acquire, hold, deal with, and dispose of any real or personal property;

d)To open and operate bank accounts;

e)To invest its money –

In any security in which trust money may be invested; or
In any other manner authorised by the rules of the Club;

f)To borrow money upon such terms and conditions as the Club thinks fit;

g)To give such security for the discharge of liabilities incurred by the Club as the club thinks fit;

h) To appoint agents and employees to transact any business of the Club on its behalf for reward or otherwise;

i)To build, construct, erect, maintain, alter, and repair any premises, building or other structure or any kind and to furnish, equip and improve for use by the Club

j)Accept donations, grants, and gifts in accordance with the objects of the Club

k)Print and Publish any information by any media including newsletters, newspapers, articles, or leaflets for the promotion of the Club in accordance with the objects of the Club;

l)Provide gifts and prizes in accordance with the objects of the Club;

m)To organise social events for Members and the promotion of the Club; and

n)To enter into any contract the club considers necessary or desirable up to a monetary value of $30,000 or as agreed by a resolution of a General Meeting.

Membership

a)Membership shall be open to any person who wishes to further the interests of the Club

b)Any person seeking membership shall make application to the Management Committee, and the Management Committee shall determine whether the application is successful or not.

c)Each person admitted to membership shall be;

Bound by this constitution and by-laws of the club and the code of conduct of the Netball Queensland Codes of Behaviour
Liable for such fees and subscriptions as may be fixed by the club.

d)Entitled to all advantages and privileges of membership (subject to clause 7e. herein)

e)Membership Categories

ORDINARY MEMBER

Any person who is a financial playing member and is entitled to hold any office and enjoy the privileges of the Club

SOCIAL MEMBER

Persons other than ordinary members but who do not wish to participate in playing activities of the club or hold any position may become a Social Member and enjoy the privileges and facilities of the club.

JUNIOR MEMBER

Any person under the age of 18 years may become a Junior Member. Junior Members shall have no voting rights nor be entitled to hold any office.

LIFE MEMBER

The management committee may elect as a Life Member, any member who has given outstanding service to the Club. Any member may nominate a person to the Management Committee for consideration for Life Membership. Any person who is a Life Member of the Club is entitled to hold any office and enjoy the privileges of the club.

PATRON

The club may, at its discretion, elect a patron/s of the Club for such period as may be deemed necessary. Such patron/s shall not be eligible to vote unless they are current members of the club under another category of membership.

f)The Management Committee may appoint a member of the Management Committee to maintain and update register of members of the Club. This person shall be known as the Club Registrar, and will not be an Office Bearer.

g)A member at any reasonable time inspect the records and documents of the Club.

Member Fees

Membership is subject to payment of annual fees. Annual fees and date of payment will be determined by the Management Committee according to the level of membership ie. Ordinary, Player, or Social membership. Fees are to be paid as and when they are due.

Termination of Membership

a)The Executive Committee may terminate club membership by the following events;

Conviction for an indictable offence
Death
Expulsion
Conduct considered to be injurious or prejudicial to the character or interests of the club or its members; and
Annual membership fee remaining unpaid for a period of 60 days after the due date.

b)The Management Committee shall have the power to suspend or expel any member of the club for:

Any of the events covered under Clause 9 a) IV. Herein.
False or inaccurate statements made in the member’s application for membership of the club;
Breach of any rule, regulation or by-law of the club or Netball Queensland

After having undertaken due inquiry;

c)Any member who is expelled or suspended shall have the right to appeal against their suspension or expulsion by presenting their case to a General Meeting called for such purpose, and the decision of the General Meeting shall be final.

Management Committee

N.B (1) Sometimes called the Executive Committee

(2) Committee persons are sometimes called Office Bearers

(3) The Main Office Bearers are often referred to as The Executive.

a) Management of the Club shall be vested in the Management Committee elected from the membership by the members at the Annual General Meeting and consisting off

President – Member of Executive
Secretary – Member of Executive
Treasurer – Member of Executive
A maximum of 11 and a minimum of 2 Management Committee members

b) No person will hold more than one executive position (10 a) I. -10 a) III.) on the management committee at any one time.

c) At each AGM of the Club, the members of the management committee must resign from office, but are eligible, on nomination, for re-election.

If, at the start of the meeting, there are not enough candidates nominated, nominations may be taken from the floor of the meeting.
If a casual vacancy happens on the management committee, the continuing members of the committee may appoint another member of the club to fill the vacancy until the next annual general meeting.

d)A quorum of the Management Committee shall be three members

e)If the President is unable to attend then the nominated Chairperson nominated by the meeting shall chair that meeting.

f)A member of the Management Committee may lose his or her seat on the Committee for any of the following

Absence from three or more meetings without leave of absence.
Found not to be a financial member

g)Two members of the Committee cannot hold the same position on the Management Committee

Powers of the Management Committee

a)The management committee will carry out the day to day running of the club according to acceptable business practice and shall have the power to:

Administer the finances, appoint bankers, and direct the opening of banking accounts for the specific purpose and to transfer funds from one account to another, and to close any such account;
Fix the manner in which such banking accounts shall be operated upon, providing the management committee passes all payments;
Fix fees and subscriptions payable by members and decide such levies, fines and charges as is deemed necessary and advisable, and to enforce payment thereof;
Adjudicate on all matters brought before it, which in any way affect the club.
Cause minutes to be made of all proceedings at meetings of the Committee and General Meetings of members;
Make, amend and rescind rulings and By-laws;
Have the power to form and appoint any sub-committee/s as required for specific purposes (eg Social Committee, Special functions etc)
May at their discretion employ a person or persons to carry out certain duties required by the club, at salaries or renumerations for such time, as may be deemed necessary.
Appoint an officer/s or agent of the Management Committee to have control of the club’s records, documents and securities.

b)Conflict of Interest

A management committee member must not vote on an issue concerning a contract, person, or proposed issue with the club if the member has an interest or is related to the contract, person or proposed issue, and if the member does vote the member’s vote must not be counted.

Liabilities of Members

a)A member is not, as a member, under any personal liability to the club except for the amount of any charges payable by the member to the club as required by these rules.

Auditor

a)The annual general meeting shall elect or appoint an Auditor or Auditors

b)The Auditor/s shall examine and audit all the books and accounts of the club annually and have the power to call for all the books, papers, accounts, receipts etc., of the club and report thereon to the Annual General Meeting.

General Meetings

a)Annual General Meeting

The Annual General Meeting of the club must be held within four months of the end of the Club’s financial year.
The secretary shall give at least fourteen (14) days notice of the date of the Annual General Meeting, to members.
All financial members may attend the Annual General Meeting
The quorum at the Annual General Meeting shall be a minimum of 7 members with entitlement to vote. If, at the end of 30 minutes after the time appointed in the notice for the opening of the Meeting, there be no quorum the meeting shall stand and adjourn for one week. If at such meeting there is no quorum those members present shall be competent to discharge the business of the meeting.
The agenda for Annual General Meeting

Opening of the Meeting
Apologies
Confirmation of the meeting of previous Annual General Meeting
Presentation of the President’s Annual Report
Presentation of the Treasurer’s statement
Election of Executive and Committee and appointment of an Auditor
Vote of thanks to outgoing Executive
Special Business (if required)
Closure

b)General Meetings

General Meetings may be called by the management committee or at the request of the President and Secretary or on the written request of ten members of the club

The Secretary shall give at least seven (7) days notice, in writing, of the date of the General Meeting to the members. Notice of the General Meetings shall set out clearly the business for which the meeting has been called. No other business shall be dealt with at that General Meeting.
The quorum at the General Meeting shall be a minimum of 5 members.

Voting

a)Voting powers at the Annual General Meeting and General Meetings:

The President shall be entitled to a deliberate vote and, in the event of a tied vote the President shall exercise a casting vote.
Voting shall be exercised in person and not by proxy.
Each individual financial member present shall have one (1) vote (subject to Clause 7e herein)

b) Voting powers at management committee meeting.

I. The President shall be entitled to a deliberate vote and, in the event of a tied vote the President shall exercise a casting vote.

II. Each individual committee member present shall have one (1) vote (subject to clause 10b herein).

c) Subject to these rules, at each general meeting;

I. The President shall preside at every general meeting;

II. If the President is not present within 15 minutes after the time fixed for the meeting or is unwilling to preside, the Secretary is to preside as Chairperson; and

III. If the Secretary is absent or unwilling to act as Chairperson;

The members present must elect one (1) of their number to chair the meeting;
The chairperson must conduct the meeting in a proper and orderly way;
Each question, matter, or resolution must be decided by a majority of votes of the members present who each have one (1) vote;
A member is not entitled to vote at a general meeting if the member’s annual subscription is in arrears at the date of the meeting, and
Voting may be by show of hands or a division of members, unless at least 20% of the members present demand a secret ballot; and if a secret ballot is held, the chairperson must appoint 2 members to conduct the secret ballot as declared by the chairperson decides; and the result of a secret ballot as declared by the chairperson is taken to a resolution of the meeting at which the ballot was held.

16. Finance

a)All funds of the club shall be deposited into the club’s accounts at such bank or recognised financial institution as the Management Committee may determine.

b)All accounts due by the club shall be paid after have being passed for payment at the Management Committee Meeting. In such case when immediate payment is necessary, account/s shall be paid and action endorsed at the next Management Committee meeting.

c)A statement showing the financial position of the club shall be tabled at each Management Committee meeting by the Treasurer.

d)A statement of Income and Expediture, Assets and Liabilities shall be submitted to the Annual General Meeting. The Auditor’s Report shall be attached to such financial report.

e)The financial year of the club shall commence on 1st October each year. The accounts, books and all financial records of the club shall be audited each year.

f)The signatories to the club’s account/s will be the Treasurer and any one (1) from the following;

President
Secretary

All property and income of the club will apply solely to the promotion of the objects of the club and in no part of that property or income shall be paid or otherwise distributed, directly, or indirectly, to members, except in good faith in the promotion of these objects.

17. Common Seal

(A rubber stamp on which is engraved the Club’s Name)

The common seal of the club shall be kept in the care of the Secretary. The seal shall not be used or affixed to any deed or document except pursuant to a resolution of the Management Committee and in the presence of at least the President and another member of the Committee, both of whom shall subscribe their names as witnesses.

18. Alteration of the Constitution

a)Subject to the Act, this constitution may be amended, repealed or added to by special resolution carried at a general meeting.

b)However an amendment, repeal or addition is valid only if it is registered with the relevant authority.

19. Dissolution

If, on winding up of the club, any property of the club remains after satisfaction of debts and liabilities of the club and the costs, charges and expenses of that winding up, that property shall be distributed to:

a)Another incorporated association having objects similar to those of the club; or

b)For charitable or benevolent purposes, which incorporated club or purposes, as the case requires, shall be determined by resolution of the members.

20. Interpretation

Within this document:

Act means the Associations Incorporations Act 1981 and its amendments including the act in force when this document is adopted by the club;

Association means the association also referred to as the club in Clause 1;

Auditor means the person(s) appointed as the auditor of the club in Clause 13;

Committee means a committee as defined by the Act;

Committee member means a member of the Management Committee referred to in Clause 9;

General Meeting includes;

a)The annual general meeting (AGM); and

b)Any special general meeting

Executive members means President, Secretary and Treasurer;

Lease(s) means the written agreement between the club and Brisbane City Council and/or any such organisation or individual entitled to lease or rent real property to the club

Objects of the clubs means the basic of the club as referred to in Clause 2;

Premises means the land and structures as defined by the Lease;

Special general meeting refers to any general meeting other than the Annual General Meeting and shall not include a meeting of the Management Committee