Netball Club (Inc)

CURRAMBINE

NETBALL CLUB (INC)

CONSTITUTION

September 2016

Table of Contents Page(s)

Part 1 THE NAME OF THE CLUB5

Part 2 OBJECTS, PURPOSES AND POWERS OF THE CLUB5-6 2.1 Objects

2.2Purposes

2.3Powers

Part 3 MEMBERSHIP OF THE CLUB 6-11

3.1Eligibility

3.2Application Requirements

3.3Application Process

3.4Becoming a Member

3.5Classes of Membership

3.6Cessation Of Membership

3.7Resignation Of Membership

3.8Rights Not Transferrable

3.9Membership Fees

3.10Register Of Members

Part 4DISCIPLINARY ACTIONS, DISPUTES AND MEDIATION11-18

PreludeA Definition of Natural Justice

4.1Disciplinary Action – Suspension or Expulsion

4.2Resolving Disputes

4.3Mediation Processes

Part 5 GOVERNANCE OF COMMITTEES18-23

5.1 Definitions

5.2Composition of Committees and Duties

Of Members

5.3Election of Committee Members and

Tenure Of Office

Part 6GOVERNANCE OF MEETINGS – COMMITTEE MEETINGS23-26

6.1Committee Meetings

6.2Notice of Committee Meetings

6.3Procedures and Order Of Business

6.4Use of Tele-Meetings

6.5Establishing a Quorum

6.6Voting at Committee Meetings

6.7Minutes of Committee Meetings

Part 7GOVERNANCE OF MEETINGS – SUBCOMMITTEES AND

SUBSIDIARY OFFICES26-27

7.1Creation and Membership of Sub-Committees

And Subsidiary Offices

7.2Delegation to Sub-Committees and Holders

Of Subsidiary Offices

Part 8GOVERNANCE OF MEETINGS – ANNUAL GENERAL MEETINGS AND SPECIAL GENERAL MEETINGS 27-33

8.1Annual General Meetings

8.2Special General Meetings

8.3Notice of General Meetings (AGM / SGM)

8.4Proxies

8.5Tele-Meetings at General Meetings (AGM / SGM)

8.6Presiding Members and Quorum Requirements

For General Meetings (AGM / SGM)

8.7Adjournment of General Meetings (AGM / SGM)

8.8Voting At General Meetings (AGM / SGM)

8.9When Special Resolutions Are Required

8.10Determining Whether Resolutions Are Carried

8.11Minutes of General Meetings (AGM / SGM)

Part 9 FINANCIAL MATTERS33-35

9.1Source of Funds

9.2Control Of Funds

9.3Financial Statements and Financial Reports

Part 10GENERAL MATTERS35-41

10.1By-Laws

10.2Executing Documents and Common Seal

10.3Giving Notices to members

10.4Custody of Books and Securities

10.5Record Of Office Holders

10.6Inspection of Records and Documents

10.7Publication by Committee Members of Statements About Club Business Prohibited

10.8Alterations To The Constitution and By-Laws

10.9Enforcement Of The Constitution and By-Laws

10.10Alteration Of Rules

10.11Dissolution Of The Club

CONSTITUTION OF THE CURRAMBINE NETBALL CLUB (INC)

PART 1 NAME

The name of the club shall be known as Currambine Netball Club (Inc) hereinafter referred to as the Club.

PART 2OBJECTS, PURPOSES AND POWERS

2.1 OBJECTS

The objects of the club shall be:

2.1.1To encourage, promote, control and manage the game of Netball in the Currambine, District and surrounding areas.

2.1.2To act for its members in all matters pertaining to Netball

2.1.3To conduct such other things as are conducive or incidental to the attainment of the above objects or any of them

2.2 PURPOSES

2.2.1Currambine Netball Club (INC) is a community netballsporting Club, committed to the development of players,coaches and officials according to Netball WA's pathways.

2.3 POWERS

2.3.1To raise monies by registration fees, subscriptions and levies and by such

other methods as from time to time the management Committee shall see

fit

2.3.2 To purchase, take on lease, exchange or hire or otherwise acquire any

real or personal property which may be necessary for any of the objectives

of the club

2.3.3To do all such things as are incidental, necessary or conducive to the

attainmentof the objectives of the club

PART 3MEMBERSHIP

The club consists of all members who have duly applied for and been accepted as holding any of a range of membership classes, as defined in section 3.5 below. The number of members is not limited unless otherwise approved by resolution at a general meeting.

New membership classes can be approved by resolution at a general meeting as required. The number of members of any class is not limited unless otherwise approved by resolution at a general meeting.

3.1 ELIGIBILITY FOR MEMBERSHIP

3.1.1Any person who supports the objects or purposes of the Club is eligible to

apply to become a member.

3.1.2An individual who has not reached the age of 15 years is not eligible to

apply for a class of membership that confers full voting rights.

3.2APPLYING FOR MEMBERSHIP

3.2.1A person who wants to become a member must apply in writing to the

Clubusing the official application form at Appendix A.

3.2.2The application must include a currentmember’s nomination of the

applicant for membership.

3.2.3The application form must be signed by the applicant.

3.2.4The applicant must specify in the application the class of membership, if

there is more than one, to which the application relates. Membership

classes are defined in Section 3.5 below.

3.2.5 All applications must be received within the application period specified by

the Secretary.

3.2.6 All memberships shall be for the period of 12 months, commencing from a

date 14 days after the close of applications.

3.3 DEALING WITH MEMBERSHIP APPLICATIONS

3.3.1 The Committeemust consider each application for membership of the

Cluband decide whether to accept or reject the application.

3.3.2Subject to sub-rule 3.3.3 below, theCommittee must consider applications

in the order in which they are received by the Club.

3.3.3The Committee may delay its consideration of an application if the

Committee considers that any matter relating to the application needs to

be clarified by the applicant or that the applicant needs to provide further

information in support of the application.

3.3.4The Committee must not accept an application unless the applicant —

(a)is eligible under rule 3.1.1and / or

(b)has applied under rule 3.1.2.

3.3.5The Committee may reject an application even if the applicant —

(a)is eligible under rule 3.1.1 and / or

(b)has applied under rule 3.1.2.

3.3.6The Committee must notify the applicant of the Committee’s decision to

accept or reject the application as soon as practicable after making the

decision.

3.3.7If the Committee rejects the application, the Committee is not required to

give the applicant its reasons for doing so.

3.4BECOMING A MEMBER

3.4.1An applicant for membership of the Club becomes a member when —

(a)the Committee accepts the application; and

(b)the applicant pays any membership fees payable to the Club under rule 3.9.

3.4.2Membership shall be open to any individual person who wishes to further

theinterests of the club.

3.4.3Any person who is elected to the management Committee shall be

deemed a member of the club

3.4.4All Team Coaches and Team Managers shall be deemed members of the

club

3.4.5Each person admitted to membership shall be:

(a) Bound by the Constitution and Code of Conduct of the Club

(b) Become liable for such fees, subscriptions and fees as may be

fixed by the club

(c) Entitled to all advantages and privileges of membership

3.5CLASSES OF MEMBERSHIP

A person can only be an ordinary member or belong to one class of membership, with the exception of Patron Members, who are permitted to hold both Ordinary and Patron memberships simultaneously.

3.5.1 Ordinary member

Any person over the age of 15 who is a member of the Club is entitled to hold anyoffice and enjoy privileges of the Club. An ordinary member has full voting rights and any other rights conferred on members by these rules or approved by resolution at a general meeting or determined by the Committee.

3.5.2Net Set Go orJunior Member

Any person under the age of 15 may become a Net Set Go (from 6 – 9 years of age) or JuniorMember (from 10 - 15 years of age) and shall have no voting rights and shall not hold any office.

3.5.3 Life Membership

Any member who has contributed not less than ten (10) yearsoutstanding service to the Club may be elected by the Management Committeeas a Life Member. Any member may nominate a person for life membership to the Management Committee for election. Approval must be unanimous from the Executive Committee and must be presented to a Committee meeting with 5 CommitteeMembers present at the meeting.

3.5.4 Patron

The Club may, at their discretion elect a patron/s or vice 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

3.5.5 Affiliated Clubs or Teams

A club or team desirous of becoming an affiliated club or team must make an application in accordance with the By-laws of the club.Such application must be lodged with the Club Secretary on or before a date as determined by the Club Management Committee, and applicants must agree to abide by the Constitution and Code of Conduct of the Currambine Netball Club.

3.6CESSATION OF MEMBERSHIP

3.6.1A person ceases to be a member when any of the following takes place —

(a)for a member who is an individual, the individual dies;

(b)for a member who is a body corporate, the body corporate is wound up;

(c)the person resigns from the Club under rule 3.7.1 below (written resignation);

(d) the person is expelled from the Club under rule 4.1.2 below (disciplinary expulsion);

(e)the person ceases to be a member under rule 3.9.5 below (non-payment of membership fees)

3.6.2The secretary must keep a record, for at least one year after a person ceases to be a member, of —

(a)the date on which the person ceased to be a member; and

(b)the reason why the person ceased to be a member.

3.7 RESIGNATION OF MEMBERSHIP

3.7.1A member may resign from membership of the Club by giving written

notice of the resignation to the secretary.

3.7.2 The resignation takes effect —

(a) when the secretary receives the notice; or

(b) if a later time is stated in the notice, at that later time.

3.7.3A person who has resigned from membership of the Club remains liable for any fees that are owed to the Club (the owed amount) at the time of

resignation.

3.7.4The owed amount may be recovered by the Club in a court of competent

jurisdiction as a debt due to the Club.

3.8RIGHTS NOT TRANSFERRABLE

The rights of a member are not transferable and end when membership ceases.

3.9MEMBERSHIP FEES

3.9.1 The Committee must determine the entrance fee (if any) and the annual

membership fee (if any) to be paid for membership of the Club.

3.9.2 Each individual membership attracts a separate membership fee

3.9.3The fees determined under sub-rule 3.9.1 above may be different for

different classes of membership.

3.9.4A member must pay the annual membership fee to the Treasurer, or another person authorised by the Committee to accept payments, by the date (the due date) determined by the Committee.

3.9.5If a member has not paid the annual membership fee within the period of 3 months after the due date, the member ceases to be a member on the expiry of that period.

3.9.6If a person who has ceased to be a member under sub-rule 3.6.1 (e) above offers to pay the annual membership fee after the period referred to in that sub-rule has expired —

(a)the Committee may, at its discretion, accept that payment; and

(b)if the payment is accepted, the person’s membership is reinstated from the date the payment is accepted.

3.10REGISTER OF MEMBERS

3.10.1The Secretary, or another person authorised by the Committee, is responsible for the requirements imposed on the Club under section 53 of the Act to maintain the Register of Members and record in that register any change in the membership of the Club.

3.10.2In addition to the matters referred to in section 53(2) of the Act, the Register of Members must include the class of membership (if applicable) to which each member belongs and the date on which each member becomes a member.

3.10.3 The Register of Members must be kept at the Secretary’s place of

residence, or at another place determined by the Committee.

3.10.4Any member who wishes to inspect the register of members must contact the Secretary to make the necessary arrangements.

3.10.5 If —

(a)a member inspecting the Register of Members wishes to make a copy of, or take an extract from, the register under section 54(2) of the Act; or

(b)a member makes a written request under section 56(1) of the Act to be provided with a copy of the register of members,

the Committee may require the member to provide a statutory declaration setting out the purpose for which the copy or extract is required and declaring that the purpose is connected with the affairs of the Club.

PART 4 DISCIPLINARY ACTION, DISPUTES AND MEDIATION

Natural Justice

Underpinning all of the Club’s disciplinary and mediation guidelines is the concept of Natural Justice. The following definitions have been taken from Law And Legal Principles: Disciplinary Hearings In Sport, and are the basis of a commonly-adopted Sports Management syllabus (

It is a general proposition of law that decisions affecting the rights of citizens must be reached only after a fair hearing. The laws relating to a fair hearing are known as the laws of natural Justice. These laws apply to all courts and tribunals, and will also apply to 'domestic tribunals'. The laws of natural justice basically give the 'accused' protection in the following ways:

1. The person accused of misconduct should know the nature of the accusation made;
2. The person should be given an opportunity to state his or her case;
3. The tribunal should act in good faith.

The accused must have a proper hearing.

1. The hearing must be conducted according to the rules of the association concerned.
2. Representations must be heard from both sides
3. All the evidence against the accused should be 'on the table'.
4. The accused must know the actual charge and which rule has been breached
5. If proceedings bring out evidence suggesting further charges it is wise to adjourn until the accused could consider the ramifications of such additional charges.
6. The accused should be present at a hearing of charges against them. This will not of course apply where the accused has received proper notification of the proceedings and has no reason for not attending.

4.1DISCIPLINARY ACTION - Suspension or Expulsion

4.1.1The Member Protection Officer shall appoint a Disciplinary Committee containing no less than 5 members for the purposes of dealing with a specific proposed disciplinary action. This Disciplinary Committee shall not include any Committee Members who might be considered to have a conflict of interest with regards to the specific incidents being investigated.

4.1.2 The Disciplinary Committee may decide to suspend a member’s

membership or to expela member from the Club if;

(a)the member contravenes any of the rules or by-laws of the Club; or

(b)the member acts detrimentally to the interests of the Club.This may include, but is not limited to, negative comments or actions, either in person or via social media, physical or verbal bullying or criticism regarding individuals or groups within the Club.

4.1.3The secretary must give the member written notice of the proposed suspension or expulsion at least 28 days before the Committee meeting at which the proposal is to be considered by the Committee.

4.1.4 The notice given to the member must state —

(a) when and where the Committee meeting is to be held; and

(b) the grounds on which the proposed suspension or expulsion is based;

and

(c) that the member may attend themeeting, with a non-participatory

support person, and will be given a reasonable opportunity to make

written or oral (or both written and oral) submissions to the Committee

aboutthe proposed suspension or expulsion; and

(d) That all written submissions are required to be submitted at least 14

days prior to the date of the meeting

4.1.5At the Committee meeting, the Committee must —

(a)give the member, or the member’s representative, a reasonable opportunity to make written or oral (or both written and oral) submissions to the Committee about the proposed suspension or expulsion; and

(b) give due consideration to any submissions so made; and

(c) decide —

(i) whether or not to suspend the member’s membership and, if the

decision is to suspend the membership, the period of suspension; or

(ii) whether or not to expel the member from the Club and

(d) advise the Executive Committee of their decision

4.1.6 A decision of the Disciplinary Committee to suspend the member’s membership or to expel the member from the Club takes immediate effect. The Member Protection Officer must contact the suspended member by phone / text AND email within 12 hours of the Committee’s decision. Proof of the text / email to be retained for 28 days.

4.1.7The Executive Committee must give the member written notice of the Disciplinary Committee’s decision, and the reasons for the decision, within 7 days after the Committee meeting at which the decision is made.

4.1.8A member whose membership is suspended or who is expelled from the Club may, within 14 days after receiving notice of the Executive Committee’s decision under sub-rule 4.1.7 above, give written notice to the Secretary requesting the appointment of a mediator under rule 4.3.

4.1.9If notice is given under sub-rule 4.1.8 above, the suspended member who

gives the notice and the Committee are the parties to the mediation, with the suspended member being considered the instigator and being liable for any mediation costs incurred by either party.

4.1.10 Consequences of Suspension

4.1.10.1During the period a member’s membership is suspended, the member;—

(a)loses any rights (including voting rights) arising as a result of membership; and

(b)is not entitled to a refund, rebate, relief or credit for membership fees paid, or payable, to the Club.

4.1.10.2When a member’s membership is suspended, the secretary must record in the register of members —

(a) that the member’s membership is suspended; and

(b) the date on which the suspension takes effect; and

(c) the period of the suspension.

4.1.10.3When the period of the suspension ends, the Secretary must record in

the Register of Members that the member’s membership is no longer suspended. A letter to this effect must be sent to the member advising them that they are no longer under suspension.

4.2RESOLVING DISPUTES

Application of Division

The procedure set out in this Division (the grievance procedure) applies to disputes;

(a)between members; or

(b)between one or more members and the Club.

4.2.1Parties to attempt to resolve dispute

The parties to a dispute must attempt to resolve the dispute between themselves within 14 days after the dispute has come to the attention of each party. If the dispute is between two individual members, the Club will not become involved unless either or both of the parties request their intervention. Any matters which do not directly pertain to the running or good name of the Club will not be entered in to.

4.2.2 How grievance procedure is started

4.2.2.1If the parties to a dispute are unable to resolve the dispute between

themselves within the time required by rule 4.2.1 above, any party to the dispute may start the grievance procedure by giving written notice to the secretary of —

(a) the parties to the dispute; and

(b)the matters that are the subject of the dispute.

4.2.2.2Within 28 days after the secretary is given the notice, a Committee meeting must be convened to consider and determine the dispute.

4.2.2.3The secretary must give each party to the dispute written notice of the Committee meeting at which the dispute is to be considered and determined at least 7 days before the meeting is held.