THE UNSW WESTS WATER POLO CLUB CONSTITUTION 1. NAME The name of the club shall be the UNSW WESTS WATER POLO CLUB 2. INTERPRETATION In this Constitution, the following words and expressions shall have the following meanings, except where or to the extent that a contrary indication appears: (a) (b) (c) (d) (e) (f) (g) (h) UNSW shall mean The University of New South Wales. University shall mean The University of New South Wales. Club shall mean the UNSW Wests Water Polo Club as constituted under this Constitution. Executive shall mean the Executive Committee of the Club constituted under this Constitution. Committee shall mean the Office Bearers of the Club constituted under the Constitution. notified in the normal way shall mean that notices will be placed on the Club notice board, in the Club Newsletter, on the Club website or transmitted via email. "UNSW Wests Magpies" shall mean the name given to all men's teams competing for the Club. "UNSW Wests Killer Whales" shall mean the name given to all women's teams competing for the Club. Formation Clubs means University of New South Wales Water Polo Club and Wests Water Polo Inc. 3. OBJECTS AND POWERS (a) The objects of the Club shall be to encourage, promote, develop and extend the sport of water polo at the University of New South Wales as well as in the wider community, and to affiliate with bodies outside the University which have similar objects. (b) The Club shall have the power only to carry out the objects of this Constitution in such a way as provided by the Constitution and By-Laws of the UNSW Sport and Recreation. (c) The Club also has as an objective to create equality in funding and numbers of members of both genders. and has been formed by the merger of the Formation Clubs. 4. MEMBERSHIP (a) Full Membership: i. Person who pay the appropriate subscriptions as per Clause 5 are full members of the Club. ii. Full Members of the Club are entitled to vote at General Meetings of the Club. (b) Junior Membership: i. Junior Members are members of the Club who are under 16 years of age. ii. Junior Members are neither entitled to vote at General Meetings of the Club, nor to be Office Bearers. (c) Honorary Membership: i. Honorary Membership of the Club is automatically granted to non-playing Committee members and other Office Bearers. Such membership will last for the duration of their term of office. ii. Honorary Members of the Club are entitled to vote at General Meetings of the Club. (d) Honorary Life Membership: Honorary Life Membership may be granted by the Committee, on the recommendation of the Executive, to any person who in the opinion of the Committee has rendered special services to the Club. Honorary Life Membership entitles a person to all the rights and privileges of Full Membership. Members of the Formation Clubs who had been granted life Membership by those clubs on or before the 7 th of February 2013 will be granted life membership of the Club. UNSW Wests Water Polo Club Constitution - 2 April 2013 Page 1 of 5
(e) Playing Members Right to Coaching Members of the Club who are players are entitled to competent coaching and shall be encouraged to achieve their full potential as water polo players. (f) Suspension of Membership and Expulsion i. The Committee (or, in cases of urgency, the Executive) may suspend or expel any member whom it is satisfied has been guilty of any conduct prejudicial to the interests of the Club. Once suspended or expelled, the suspended member shall not be entitled to any rights or privileges attaching to membership. ii. On evidence presented by the Treasurer to the Executive, the Executive may suspend any member whose financial obligations have not been met by the due dates. The suspension may remain in force until the entire amount owing is paid. During such suspension the suspended member shall not be entitled to any rights or privileges attaching to membership iii. A suspended member may appeal the suspension or expulsion to a General Meeting by making written application to the Secretary within seven (7) days of being notified of the suspension or expulsion. 5. SUBSCRIPTIONS (a) Any person eligible for membership of the Club in any category of membership shall pay the appropriate subscription and any other fees as they become due. (b) Subscription fees will be waived in the case of Honorary Members or Honorary Life Members. (c) The subscription for membership shall be determined by the Committee before the start of each new water polo competition season. (d) Other fees shall be determined, from time to time, by the Committee. (e) Due dates for payment of subscriptions and other fees will be notified in the normal way, and on application forms distributed by the Club. 6. CESSATION OF MEMBERSHIP (a) Membership of the Club shall cease upon receipt by the Secretary of written resignation. (b) Membership of the Club shall cease, in the case of a transfer from the Club to any other water polo club, upon any transfer documents being signed by an authorised member of the Executive of the Club. Transfer documents may not be signed if the member has subscription or other fees outstanding. (c) Membership rights in all categories shall cease upon expulsion under the provisions of this Constitution. (d) No refund of subscriptions or other fees shall be due to anyone who ceases to be a member. 7. OFFICE BEARERS (a) All office bearers shall be members of the Club. Any person elected or appointed under this clause may, subject to the Constitution, hold office until a successor has been elected. For the calendar years 2013, 2014 and 2015, four of the officer bearers shall be two legacy members with a minimum of 2 years membership from each Formation Club. (b) The Office Bearers of the Club shall be nominated, and if necessary elected at every Annual General Meeting of the Club and all positions are honorary. (c) The Office Bearers shall include: President Vice President Secretary Treasurer Juniors Delegate (women) Juniors Delegate (men) (d) The Office Bearers may include: i. Up to eight (8) Non-Portfolio Committee Members. ii. One (1) male and one (1) female who are full members and also registered students of the University, to provide representation of students views on the Committee. These representatives need not be elected if the officer bearers in point 7(c) or 7(d) include such representation. iii. Committee members elected for the following specific committees:- Coaching and training Competitions and tournaments UNSW Wests Water Polo Club Constitution - 2 April 2013 Page 2 of 5
Facilities and equipment Fund raising Social activities Australian water polo, NSW water polo and other bodies National League (e) 30% of Office Bearers must be registered students or Alumni of the University. (f) Office Bearers may resign by presenting written notice to the Secretary. (g) An Extraordinary General Meeting may, by a resolution of three-quarters (3/4) of the members present and entitled to vote, remove any Office Bearers from office before an Annual General Meeting. (h) Office Bearers may be re-elected. 8. GENERAL MEETINGS (a) AGM - The Club shall hold an Annual General Meeting of all members of the Club once in every calendar year, to be held as early as practicable in the first session of the University Year. (b) EGM An Extraordinary General Meeting of the Club may be called by any six (6) members of the Club who are entitled to vote writing to the Secretary requesting such a meeting. The EGM will be held within fourteen (14) days. (c) Notice The Secretary shall ensure that all members of the Club are notified in writing i. at least twenty one (21) days in advance of each Annual General Meeting of the Club. ii. at least seven (7) days in advance of each Extraordinary General Meeting of the Club. (d) Quorum At least 10 members of the Club entitled to vote must be present for there to be a quorum at an AGM or EGM. If a quorum has not been achieved thirty (30) minutes after the notified time of the meeting, the meeting shall be postponed for at least seven (7) days and not more than twenty-one (21) days. In such a situation, provided that seven (7) days notice is given, the postponed meeting shall then be held, and irrespective of the number of members present, the meeting shall be empowered to legally transact the business for which the meeting was called. (e) Resolutions - Members must submit resolutions in writing to the Secretary at least seven (7) clear days before the Annual General Meeting to have them considered at the meeting. (f) Voting - Every matter submitted to an AGM or EGM shall be decided by a simple majority of the votes of the members of the Club present and entitled to vote. (g) Chair The President shall chair all AGMs and EGMs of the Club. If the President is absent, unable, unfit or unwilling to chair the meeting or any part of it, the Vice President shall chair the meeting. If both the President and Vice President are absent, unable, unfit or unwilling to chair the meeting the Committee shall choose a chair from its own number. 9. COMMITTEE (a) Membership - The control and management of the Club shall be vested in a Committee consisting of those Office Bearers listed in Clause 7(c) and Clause 7(d) above. (b) Powers - Subject to this Constitution the Committee shall have power to do all such acts and things as may be incidental or conducive to the attainment of any of the Objects of the Club. (c) No person shall fill more than one place on the Committee at any one time. (d) Chair - The President shall chair all meetings of the Committee. If the President is absent, unable, unfit or unwilling to chair the meeting or any part of it, the Vice President shall chair the meeting. If both the President and Vice President are absent, unable, unfit or unwilling to chair the meeting the Committee shall choose a chair from its own number. (e) Voting - Every matter submitted to the Committee shall be decided by a simple majority of the votes of the Committee members present. Every member of the Committee shall be entitled to one (1) vote except in the case of an equality of votes when the chair shall have a casting vote in addition to the vote which the chair is entitled to as a member of the Committee. All voting shall be by show of hands unless the meeting decides otherwise. (f) Quorum - A quorum of the Committee shall be four (4). If a quorum has not been achieved thirty (30) minutes after the notified time of the meeting, the meeting shall be postponed to a date to be fixed by the Executive. (g) The Committee, notwithstanding any vacancy thereon, may proceed to the dispatch of business at any properly constituted meeting. (h) Notice - At least three (3) clear days notice in writing of each meeting of the Committee shall be given to each Committee member. (i) Absence - The Committee may declare vacant the place of any member who has been absent for more than two (2) consecutive meetings of the Committee without the leave of the Committee. (j) Replacement - The Committee may appoint a replacement as it sees fit, to fill a vacancy on the Committee. UNSW Wests Water Polo Club Constitution - 2 April 2013 Page 3 of 5
(k) Frequency The Committee shall, where practicable, meet once every month. (l) Additional Meetings - The Secretary, upon written request of two (2) members of the Committee, shall convene a meeting of the Committee as soon as practicable so long as the appropriate notice is given to all Committee members. (m) Openness Committee meetings shall be open to all members of the Club. Observers may be permitted at the discretion of the Committee. (n) Minutes The Secretary shall circulate the proposed minutes of every meeting of the Committee before the succeeding meeting. Minutes shall be signed by the chair at the next succeeding meeting, subject to their being adopted by the meeting as a true record of the proceedings of the meeting. The Committee shall retain minutes of Committee meetings for at least five (5) years. (o) Delegates - The Committee may appoint such delegate or delegates to represent the Club as may be required, with such powers as it may think fit. Each delegate of the Club, including the UNSW Sport and Recreation delegates and the New South Wales Water Polo Incorporated delegate, shall submit to the following meeting of the Committee, a written report on the meeting they attend. (p) Sub-committees The Committee may establish sub-committees for any purpose which the Committee deems desirable and may delegate to such sub-committees such powers as it sees fit. (q) By-Laws - The Committee shall have power to make Club By-Laws consistent with, or alter and repeal Club By-Laws inconsistent with this Constitution. Proposals to make, alter or repeal any such Club By-Law shall be given to the Secretary of the Club not less than seven (7) clear days before the meeting of the Committee at which it is intended to present such proposal. 10. EXECUTIVE (a) Membership - The Executive Committee will consist of: President Vice President Secretary Treasurer Two Committee Members (b) For the calendar years 2013, 2014 and 2015, four members of the Executive shall be two legacy members with a minimum of two years membership from each Formation Club. (c) Powers - Between Committee meetings, the Executive may make such decisions as are necessary for the day to day running of the Club and are consistent with the Objects of the Club and this Constitution. Any such decision shall be subject to ratification by the Committee at the next meeting of the Committee. (d) Conflict of Interest A member of the Executive cannot also hold the dual role of a paid employee of the Club, nor be the beneficiary of financial gain as a result of a Club decision. 11. FINANCE (a) The assets and income of the Club shall be applied exclusively to the promotion of its Objects and no portion shall be paid or distributed directly or indirectly to members of the Club except as bona fide remuneration for services rendered or expenses incurred on behalf of the Club. (b) No member of the Club shall incur any expenditure, or enter into any contracts on the Club s behalf without the approval of at least two (2) members of the Executive. (c) All Executive members shall be signatories of the Club s bank account(s). All withdrawals and cheques must be endorsed by at least two (2) members of the Executive. (d) The Committee shall be authorised to use all assets and property of the club as necessary subject to the Objects of the Club and this Constitution. 12. AMENDMENTS TO THE CONSTITUTION (a) Procedure Motions to amend this Constitution shall be given to the Secretary in writing at least fourteen (14) clear days prior to the Annual General Meeting or Extraordinary General Meeting at which the proposed motions are to be put. (b) Voting Amendments to this Constitution shall only be made by a vote of at least two-thirds (2/3) of the members present and entitled to vote at a duly convened Annual General Meeting or Extraordinary General Meeting. UNSW Wests Water Polo Club Constitution - 2 April 2013 Page 4 of 5
13. DISSOLUTION OF THE CLUB (a) Notice to dissolve the Club shall be given by at least one-quarter (1/4) of the members of the Club entitled to vote at an Extraordinary General Meeting. (b) Notice shall be given not less that twenty-one (21) clear days prior to an Extraordinary General Meeting which shall be convened with the item Dissolution of the Club the only item on the agenda. (c) A quorum for such a meeting will be three-quarters (3/4) of the voting members of the Club. (d) If the motion is agreed to by at least two-thirds (2/3) of those present and entitled to vote, the Club shall be dissolved and the Executive shall be placed in charge of winding-up the Club. (e) In the event of the Club being dissolved, the amount which remains after such dissolution and the satisfaction of all debts and liabilities, including pro-rata return of subscriptions and fees paid to members, shall be paid to the Formation Clubs. UNSW Wests Water Polo Club Constitution - 2 April 2013 Page 5 of 5