WCCC Constitution

WILLETTON CROWS CRICKET CLUB INC. Constitution

1. NAME

The name of the club shall be “Willetton Crows Cricket Club Inc.” and is hereinafter designated the club.

2. DEFINITIONS

In these rules, unless the contrary intention appears-
“annual general meeting” is the meeting convened under paragraph (b) of rule 20; “Committee meeting” is the meeting referred to in paragraph 24
“Committee member” means person referred to in paragraph (a) or (b) of rule 13; “convene” means to call together for a formal meeting;
“department” means the government department with responsibility for administering the Associations Incorporation Act (1987);
“financial year” means a period not exceeding 15 months fixed by the Committee, being a period commencing on the date of incorporation of the Association and ending on 30 June; and thereafter each period commencing 1st July and ending on 30 June the following year;
“general meeting” means a meeting to which all members are invited;
“member” means member of the Club;
“ordinary resolution” means resolution other than a special resolution;
“poll” means voting conducted in written form (as opposed to a show of hands); “special general meeting” means a general meeting to which all members are invited; “special resolution” has the meaning given by section 24 of the Act, that is-

A resolution is a special resolution if it is passed by a majority of not less than three- fourths of the members of the association who are entitled under the rules of the association to vote and vote in person or, where proxies or postal votes are allowed by rules of the association by proxy or postal vote, at a general meeting of which notice is specifying the intention to propose the resolution as a special resolution was given in accordance with those rules.

At a meeting at which a resolution proposed as a special resolution is submitted, a declaration by the person presiding that the resolution has been passed as special resolution shall be evidence of the fact unless, during the meeting at which the resolution is submitted, a poll is submitted, a poll is demanded in accordance with the rules of the Association or, if the rules do not make provision as to the manner in which a poll may be demanded, by at least 3 members of the association present in person or, where proxies are allowed, by proxy.

If a poll is held, a declaration by the person presiding as to the result of a poll is evidence of the matter so declared.

Club Constitution Page 1 of 12

Willetton Crows Cricket Club Inc.

“the Act” means the Associations Incorporations Act 1987
“the Club” means the club referred to in rule 1;
“the Commissioner” means the Commissioner for Fair Trading exercising powers under the Act;
“the Committee” means the Committee of Management for the Club referred to in rule 13;
“the President” means the President referred to in rule 12;
“the Registrar” means the Honorary Registrar referred to in Rule 12;
“the Secretary” means the Honorary Secretary referred to in rule 12;
“the Treasurer” means the Honorary Treasurer referred to in rule 12;

3. COLOURS

The Colours of the club shall be Blue.

4. OBJECTS

The objects of the Club shall be-

  1. a)  To promote, advance and encourage the playing of Cricket;

  2. b)  To participate in interclub and other Cricket competitions

  3. c)  To provide facilities for the playing of Cricket; and

  4. d)  To provide social and recreational facilities for Members.

5. POWERS

For the purpose of achieving the furthering these objects the Club shall have the power –

  1. a)  To purchase, sell, hold, lease or rent real or personal property;

  2. b)  To borrow, raise or secure the payment of money to secure the repayment or

    performance of any debt, liability, contract or guarantee incurred or to be entered

    into by the Club;

  3. c)  To raise money by membership fees, subscriptions and levies and by such other

    methods as from time to time are appropriate to the needs of the Club;

  4. d)  To enter any arrangements with any government or local government authority or

    instrumentality;

  5. e)  To employ, hire or engage managers, secretaries, workmen, coaches or other

    persons;

  6. f)  To invest moneys of the Club;

  7. g)  To carry on any business which may seem to the Management Committee to be

    capable of being conveniently carried on by the Club and to be advantageous to

    the Club;

  8. h)  To affiliate with the South Metropolitan Cricket Association (Inc.) hereinafter

    referred to as ‘the Association’ or such other body as, from time to time, may be decided upon; and

 
 

i) To do all such other things as are incidental or conducive to the objects of the Club.

  1. INCOME AND PROPERTY

    The income and property of the Club shall be applied solely towards the promotion of the objects of the Club and no portion of the income or property shall be paid, transferred or distributed directly or indirectly to the Members of the Club, provided that nothing shall prevent the payment in good faith of remuneration to any officer or employee of the Club or to any person other than a Member, in return for services actually rendered to the Club.

  2. QUALIFICATION FOR MEMBERSHIP

    All persons not especially debarred by these Rules and/or by the rules of the Associations, or anybody with which the Club, from time to time, may be affiliated or connected, shall be eligible to become Members of the Club subject to the following conditions-

    1. a)  All applications for membership shall be on the prescribed form, signed by the applicant;

    2. b)  The Committee, at its discretion, shall be empowered to approve or refuse any application for Membership, without any right to an applicant to require an explanation;

    3. c)  A copy of these rules shall be available for perusal by all applicants for Membership; and

    4. d)  All persons whose applications are approved shall be deemed to have subscribed to these Rules.

8. MEMBERSHIP

There shall be five classes of Members:-

  1. a)  Senior Playing Members other than those specified below;

  2. b)  Junior Playing Members being those Members who have not attained the age of 17 years by January 1st each year;

  3. c)  Honorary Life Members being those Members appointed from time to time to Life Membership of the Club in accordance with Rule 9.

 
 

9. HONORARY LIFE MEMBERSHIP

In recognition of outstanding service by a Member of the Club, the President may, where practicable after consultation with existing Life Members and subject to confirmation by a majority of members of the Management Committee, appoint one Honorary Life Member each year.

No more than one Honorary Life Member shall be appointed in any one year.

10. COMMITTEE

The committee of the club shall be President, Honorary Secretary, Honorary Treasurer and Honorary Registrar.

The committee shall be proposed, seconded and elected at each Annual General Meeting of the Club and shall hold office from 1st November in the same year until 31st October in the following year, when they shall retire. They shall be re-eligible for re-election from year to year. Casual vacancies which may occur during the year may be filled by the Management Committee nominating financial Members to fill such vacancies, provided that any person so elected shall hold office only until 31st October next.

11. CASUAL VACANCIES IN MEMBERSHIP OF COMMITTEE

A casual vacancy occurs in the office of Committee member and that office becomes vacant if the Committee member:-

  1. a)  dies;

  2. b)  resigns by notice in writing delivered to the President or, if the Committee

    member is the President, to another Committee member and that resignation is

    accepted by resolution of the Committee;

  3. c)  is convicted of an offence under the Act;

  4. d)  is permanently incapacitated by mental or physical ill-health;

  5. e)  is absent from more than-

    1. (i)  3 consecutive Committee meetings; or

    2. (ii)  3 Committee meetings in the same financial year without tendering an

      apology to the person presiding at each of those Committee meetings;
      Of which meetings the member received notice, and the Committee has resolved to declare the office vacant;

  6. f)  Ceases to be a member of the Club; or

  7. g)  Is subject of a resolution passed by a general meeting of members terminating

    his or her appointment as a Committee member.

 
 

12. DUTIES OF OFFICERS

PRESIDENT: The President, or in absence of the President, a Co-ordinator, shall preside at all General and Committee meetings, and ensure that the business is conducted in a proper manner.

The President may call Committee meetings in all cases of emergency, and generally shall ensure the well -being of the Club.

HONORARY SECRETARY: The Secretary shall receive and attend to all correspondence at the direction of the Management Committee or in an emergency in consultation with the President.

The Secretary will attend all General and Committee meetings and record minutes of the proceedings in the proper Minute Book. These minutes shall be confirmed at the subsequent appropriate meetings.

The Secretary will carry out the directions of the Management Committee in all matters connected with the conduct of the Club.

The Secretary will have the custody of all documents belonging to the Club and keep a complete record of the players and the Club’s performance.

HONORARY TREASURER: The Treasurer shall keep a comprehensive record of all moneys received and expanded on behalf of the Club, and shall prepare and present to each Annual General Meeting an audited statement of receipts and expenditure and Balance Sheet.

The Treasurer shall also present a financial report to each Committee meeting.

The Treasurer shall keep a complete register of all Members of the Club with regard to the financial status of each member.

The Treasurer shall inform each un-financial Member of their position.

The Treasurer shall present to each Annual General Meeting a budget for the ensuing year.

HONORARY REGISTRAR: The Registrar shall keep a complete register of all Members of the Club and shall inform the Association where necessary of any new playing Members.

 
 

13. MANAGEMENT COMMITTEE

The management of the affairs of the Club shall be vested in a Management Committee which shall consist of:

  1. a)  The President, Honorary Secretary, Honorary Treasurer, Association Delegates,

    Club coaches and

  2. b)  Such other members as are invited from time to time by the Management

    committee to attend their meetings.

14. POWERS AND DUTIES OF THE MANAGEMENT COMMITTEE

Appointments: The Management Committee shall appoint the following from time to time as they see fit:

  1. a)  Association Delegates

  2. b)  Club Coaches and Assistant Club Coaches

  3. c)  Team Coaches

  4. d)  Team Managers

  5. e)  Equipment Officer

  6. f)  House Manager

    Subject to investigation, confirmation or otherwise by any General Meeting of the Club, duly convened, the Committee in addition to the powers and duties in these rules specifically conferred upon it, shall have:

  7. g)  control of the finances of the Club;
    ii) Power to appoint sub-committees or individuals to conduct any specific activities of the Club;
    iii) Power to specify a club uniform; and
    iv) Power to do all things necessary for the proper conduct of the Club.

15. REMOVAL FROM OFFICE

The club may remove from office, any person, for misconduct or any act or acts not calculated to be in the best interests of the Club. Action under this Rule may only be taken at a Special General Meeting called for the purpose and a three-fourths majority of the Members present and voting shall be necessary to give effect to any such resolution.

16. COMMITTEE MEETINGS

Meetings of the Committee shall be held at least monthly, during the playing season.

 
 

17. SOCIAL COMMITTEE

A Social Committee of at least three members shall be elected at a General Meeting and such Committee shall be subject to the overall jurisdiction of the Management Committee.

18. CAPTAINS AND VICE-CAPTAINS

The Management Committee may appoint Captains and Vice-Captains of all teams.

19. SELECTION COMMITTEE

The Management Committee shall appoint Selection Committees for each team as they from time to time deem fit. The Selection Committee shall meet independently of the Management Committee.

20.GENERAL REQUIREMENTS IN RELATION TO CLUB RESTRICTED LIQUOR LICENCE

• •

• • •

• •

The following rules apply in relation to the club liquor licence:
No payment or part payment to any secretary, treasurer, manager or other officer or servant of the club shall be made by way of commission or allowance from or upon the receipts of the club for liquor.
No liquor shall be sold or supplied to any juvenile (i.e. any person under the age of 18).
No stranger shall be permitted to use the club premises and no member or other person shall admit any stranger to use the club premises.
The club shall only be open for the sale of liquor during such hours (within the hours permitted under the Liquor Control Act 1988), as the committee shall from time to time determine.
No liquor shall be sold or disposed of on Christmas Day, Good Friday or before noon on Anzac day except as permitted under the provisions of The Act.
The club shall nominate a person as the approved manager pursuant to the provisions of section 100 of The Act.
The club shall maintain an up to date register of its members, in respect of each class of membership. This register must be continually available for inspection at the club premises
Where the approved manager is absent for periods in excess of those specified in section 100 of the Act, the club shall appoint a temporary manager and the relevant application shall be lodge with the Director of Liquor Licensing.

 
 

21. GENERAL MEETINGS

The committee:

  1. a)  may at time convene a special meeting

  2. b)  must convene Annual General Meetings of the Club within four months of the end

    of our association’s financial year, as the Committee may determine, seven days’ notice thereof having been given written notice to each member.

The business of the Annual General Meeting shall be-

  1. a)  Reception of the Annual Report;

  2. b)  Reception of the Budget for the following year;

  3. c)  The election of the Patron President;

  4. d)  The election of committee members;

  5. e)  The transaction of any other business, within the scope of these Rules that may

    be brought forward.

    If a quorum be not present within 30 minutes of the notified starting time, the meeting shall stand adjourned.

22. SPECIAL GENERAL MEETING

A Special General Meeting shall be called by the Secretary whenever directed by the President or Committee or upon receiving the written request for a Special General Meeting signed by eight (8) financial Members of the Club; such request to set out fully the purpose of the proposed Special General meeting. On receiving such request, the Secretary shall within one month of the date of the receipt of the said request call such meeting. At any such meeting no business other than that specified in the notice convening the meeting shall be dealt with.

23. NOTICE OF GENERAL MEETING

Except where otherwise provided in these Rules, at least seven days written notice of a General Meeting shall be given to each Member.

24. QUORUM AND PROCEEDINGS AT GENERAL MEETINGS

  1. 1)  At the Annual General Meeting, Special General Meeting and all General Meetings, five members or 20% of the financial members of the Club, whichever shall be the least shall constitute a quorum.

  2. 2)  If within 30 minutes after the time specified for the holding of a general meeting in a notice given under rule 20 or 21-
    a) as a result of a request or notice referred to in rule 20 or as a result of action

    taken under rule 21 a quorum is not present, the general meeting lapses; or

 
 

b) otherwise than as a result of a request, notice or action referred to in paragraph (a), the general meeting stands adjourned to the same time on the same day in the following week and to the same venue.

  1. 3)  If within 30 minutes of the time appointed by sub rule (2) (b) for the resumption of an adjourned general meeting a quorum is not present, the members who are present in person or by proxy may nevertheless proceed with the business of that general meeting as though a quorum were present.

  2. 4)  The President may, with the consent of a general meeting at which a quorum is present, and must, if so directed by such a general meeting, adjourn that general meeting from time to time and from place to place.

  3. 5)  There must not be transacted at an adjourned general meeting any business other than business left unfinished or on the agenda at the time when the general meeting was adjourned.

  4. 6)  When a general meeting is adjourned for a period of 30 days or more, the Secretary must give notice under of the adjourned general meeting as if that general meeting were a fresh general meeting.

  5. 7)  At a general meeting-

    1. a)  an ordinary resolution to put the vote will be decided by a majority of votes

      cast on a show of hands, subject to sub-rule (9); and

    2. b)  a special resolution put the vote will be decided in accordance with section 24

      of the Act as defined in rule 2, and, if a poll is demanded, in accordance with

      sub-rules (9) and (11).

  6. 8)  A declaration by the President that a resolution has been passed as an ordinary

    resolution at the meeting will be evidence of that fact unless, during the general meeting at which the resolution is submitted, a poll is demanded in accordance with sub-rule (9).

  7. 9)  At a general meeting, a poll may be demanded by the President or by three or more members present in person or by proxy and, if so demanded, must be taken in such manner as the President directs.

10)If a poll is demanded and taken under sub-rule (9) in respect of an ordinary resolution, a declaration by the President of the result of the poll is evidence of the matter so declared.

11) A poll demanded under sub-rule (9) must be taken immediately on that demand being made.

25. QUORUM AND PROCEEDINGS AT COMMITTEE MEETINGS

  1. 1)  At Committee Meetings, Special three Committee Members shall constitute a quorum.

  2. 2)  Each Committee Member has a deliberative vote.

  3. 3)  A question arising at a Committee meeting must be decided by a majority of votes,

    but, if there is no majority, the person presiding the Committee meeting will have a casting vote in addition to his or her deliberative vote.

 
 
  1. 4)  Subject to these rules, the procedure and order of business to be followed at a Committee meeting must be determined by the Committee members present at the Committee meeting.

  2. 5)  As required under sections 21 and 22 of the Act, a Committee member having any direct or indirect pecuniary interest in the contract, or proposed contract, made by, or in contemplation of, the Committee (except if that pecuniary interest exists only by virtue of the fact the member of the Committee is a member of a class of persons for whose benefit the Association is established), must-

    a) as soon as he or she becomes aware of that interest, disclose the nature and extent of his or her interest to the Committee; and

b) not take any part in any deliberations or decision of the committee with respect to that contract.

  1. 6)  Sub rule (5) (a) does not apply with respect to a pecuniary interest that exists only by virtue of the fact that the member of the Committee is an employee of the Club.

  2. 7)  The Secretary must cause every disclosure made under sub rule (5) (a) by a member of the Committee to be recorded in the minutes of the meeting of the Committee at which it is made.

26. VOTING

The President of any meeting shall have both a deliberative and a casting vote.

Any Club Member, aged 18 years or more shall, unless specifically barred from voting by the Management Committee, be entitled to vote.

27. SUBSCRIPTIONS

The annual subscription for each class of Member and the method of payment shall be fixed and determined at the Annual General Meeting each year.

28. RESIGNATIONS

Any member desirous of transferring from the Club shall tender his resignation to the Honorary Secretary. Upon the payment of fees owing to the Club and the return of all Club equipment, a clearance shall be granted.

29. EXPULSION

The Committee on receiving a complaint in writing against any Member from eight (8) Members of the Club, shall cause a Special General meeting to be called, at which the expulsion of the said member shall be balloted for, a three fourths majority of those present and voting being necessary to give effect to any expulsion.

 
 
  1. CLUB YEAR

    The club shall be from the 1st day of October until the 30th day of September the following year.

  2. FUNDS AND BANKING SYSTEM

    All moneys belonging to the Club shall be paid, in the name of the Club, into such bank as may be approved by the Management Committee. Such bank account to be operated by any one of two officers designated by the Management Committee.

    The maximum amount payable from petty cash is to be determined from time to time by the Management Committee.

  3. INTERPRETATION

    In case of any question arising not provided by these Rules, or as to the interception of any part hereof, the opinion of the Management Committee shall be taken and acted upon.

  4. COMMON SEAL

    The Club shall have and use a common seal inscribed with the name of the Club which shall be held in custody of the President and it shall be used or affixed to any document after authority has been given by the Management Committee. The affixation of the seal shall be witnessed by the President and any two members of the Management Committee.

  5. DISSOLUTION

    The Club shall be dissolved by a resolution passed at a Special General Meeting called for the purpose, by a three-fourths majority of those Members present and voting.

    If upon the winding up or dissolution of the Association there remains after the satisfaction of all its debts and liabilities, any property whatsoever, the same must be paid to or distributed amongst the Members or former members. The surplus property must be given or transferred to another association incorporated under the Act which has similar objects and which is not carried out for the purposes of profit or gain to its individual members and which association shall be determined by resolution of the members.

 
 

35. ALTERATION OF RULES

No alterations of or addition to these Rules shall be made except by a 75% majority of those members present at the voting at a Special General Meeting called for that purpose.

36. INSPECTION OF CLUB RECORDS

The inspection by members of the incorporated association of records and documents of the incorporated association will occur by giving fourteen days’ notice.

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