Constitution Amended 2014 1. NAME The name of the Club shall be the Cockburn Netball Club Incorporated hereinafter referred to as The Club. 2. COLOURS The official Club colours shall be Green and Gold, and designed in such manner as the Committee determines. 3. OBJECTIVE The objectives of the Club shall be: (a) to promote, advance, foster and cultivate the game of Netball. (b) to educate, train, coach and encourage members of the Club in the game of Netball so that all members have the opportunity to reveal their maximum potential. (c) to act for its members in matters pertaining to Netball within the Fremantle Association. 4. NOT FOR PROFIT / POWERS: 'Not-for-profit' refers to the membership, purpose and activity of the Club, where any profits must be used to further the objects of the Club and cannot be distributed to the members. To clarify, the restrictions on trading and profit making in the Act do not prevent incorporated associations from: making a profit (e.g. by fundraising), as long as individual members do not receive any of the profit; employing people (including members) and paying them wages or salary, charging admission fees to events organised for the promotion of the Club, arranging competitions between members for prizes and trophies, other than money prizes; or providing facilities or services for members, 5. MEMBERSHIP (a) Any person who is interested in the game of Netball shall be eligible to join the Club as a member. (b) The Annual Membership Fee shall be determined by the Executive Committee, upon receiving Netball WA and FNA s Annual Fees for the forthcoming season. (c) The Committee may expel from the Club or otherwise punish or penalise any member whose conduct, in the opinion of the Committee, is discreditable or injurious to the character or interests of the Club. (d) Before any member shall be expelled or otherwise punished or penalised, she shall be called before the Committee who shall enquire into her conduct giving such member every opportunity to defend herself and justify alleged conduct. When the matter is enquired into and it is of the opinion that such members has been guilty of alleged misconduct, a recommendation on appropriate punishment (if any) or expulsion be made to a Special General Meeting for decision, but the guilty party be given the right of appeal to the Special General Meeting convened for this purpose. (e) Should any member fail to appear before the Committee to answer allegations as mentioned in Clause 4 (d) such member shall be automatically suspended until she appears before the Club Committee. 1
(f) A Player may withdraw from the club prior to the season by giving notice in writing to the Registrar. Refunds granted before grading commences are refunded in full, minus an Administration Fee. However, if a person withdraws during or after grading then no refund is payable except in exceptional circumstances. All applications for refunds must be made in writing to the Executive Committee for their consideration. If a player withdraws during or after grading, fees are non-refundable unless: The player becomes pregnant prior to the commencement of the season, The player suffers a season ending injury, (g) The Club shall keep and maintain, in an up to date condition, a register of members of the Club. Records that are not active are archived and are generally kept for a period of seven (7) years. 6. COMMITTEE (a) The business and affairs of the Club, shall be under the management and control of the Committee, provided however, that except in the case of extreme urgency, the Committee shall not take any action contrary to decisions made at a General Meeting. (b) The Committee, subject to decisions made at the General Meetings, exercise all powers of the Club and do all such acts and things, as may be done by the Club or which it considers necessary or expedient to carry out the objects of the Club. (c) The Committee of the Club shall consist of: A President, a Vice President, Honorary Secretary and Honorary Treasurer. Other coordinating roles and positions will be available for nomination that is responsible for managing the affairs of the Club. These will be determined by the current committee and will be available for nomination prior to or at the Annual General Meeting. All the Committee shall be elected by the financial members present at the Annual General Meeting of the Club. (d) All members of the Committee must be financial members of the Club, the majority of whom must be over 18 years old. Should a vacancy occur in the Committee other than in the normal course of Elections, the Committee shall fill such vacancy from the financial members of the Club and such elected member shall hold office for the unexpired portion of her predecessor s term. (e) The Committee shall meet as often as may be required to conduct the business of the Club. The President of the Club shall take the Chair at all Committee Meetings. If the President is not present then the Vice President shall be elected to the Chair. (f) The Committee shall have power to delegate any of its powers to a sub-committee, to deal with any particular matter or matters and upon such terms as the Committee may think fit. The President or the Secretary shall be ex-officio members of all sub-committees. (g) All acts or decisions done or made by any meeting of the Committee or any member thereof shall, notwithstanding that it afterwards discovered that there was some defect in the appointment of such member or any members of the Committee, be as valid and effective as if they had been properly appointed, unless it is proved the appointment was made in fraud or bad faith. (h) The Quorum for Committee meeting shall be four (4) members present in person. (i) Any Committee Member elected onto the Committee must ensure they are fully informed about matters pertaining to the Club, by keeping up to date with matters, attending meetings, reading agendas, notifications and minutes. (j) Any Committee Member absent from two (2) consecutive meetings without reasonable cause may be replaced, the replacement to be decided by the Executive Committee. 2
7. GENERAL MEETINGS (a) The Annual General Meeting of the members shall be held within 3 months of the end of financial year, coinciding with the completion of the FNA season. However, while the Association aims to hold its AGM within 3 months after the end of its financial year, it is aware that under the Act it can hold its AGM up to four months after the end of its financial year. (b) The Annual Report and Audited Balance Sheet and Financial Statement shall be submitted to members at the Annual General Meeting. (c) The Annual General Meeting may make by-laws necessary for proper administration of the Club. Any by-laws so made shall not be repealed, added to or amended unless and until:..notice of Intention to propose such repeal, addition or amendment is given in writing by the Club to the Secretary of the Club, not later than 30 days prior to the date of such Annual General Meeting and included in the Agenda of such meeting...such repeal, or addition as proposed as such Annual General Meetings must be approved by not less than three-fourths of the Club Members present at such meeting and voting thereon. (d) The election of the Committee for the ensuing twelve months shall take place at the Annual General Meeting together with any other business mentioned in the notice paper convening the meeting. (e) A Special General Meeting of members present shall be called at the request of the President or Secretary or at the written request of ten (10) financial members of the Club. Such meeting shall be held within 30 days of the request and all members shall be notified in writing not less than ten (10) days before such meeting. (f) The President of the Club shall be the Chairwoman at all General Meetings. Should she not be present, then the Vice-President shall be elected to the Chair, and if there be no Vice-President, the members shall elect a member to take Chair. (g) At all meetings the Chairwoman s decision point of order shall be final... The Chairwoman shall have the Casting Vote in addition to her deliberate vote. (h) The Quorum for a General Meeting shall be ten (10) members present. (i) If at any General Meeting, there be no quorum within thirty (30) minutes of the time appointed for the meeting then the meeting shall lapse unless a majority of the members present decide to adjourn the meeting for a period not exceeding fourteen (14) days. If there is no quorum present within thirty (30) minutes after the time appointed for such adjourned meeting, then the meeting shall lapse altogether. 7.1 VOTING (a) Only members present in person shall be entitled to vote. (b) Each member present shall be entitled to one (1) vote. (c) Voting shall be by voice or show of hands, unless the majority of persons present request a ballot. (d) When more nominations than are required are received, a ballot shall be taken if requested by a nominee. 8. CLUB OFFICERS The Club Officers shall consist of at least one (1) Coach for each team, Delegate/s to Fremantle Netball Association and one (1) Umpiring Coordinator. 8.1 CLUB OFFICERS (a) Coaches 3
To coach the team allocated to them and when unable to watch their match endeavour to have a substitute coach. (b) Delegates to Fremantle Association The elected delegates shall report all relevant matters to the Committee of the Club. (c) Umpiring Coordinator The elected Coordinator clarifies all alterations of Rules for Netball and provides umpires for all junior grades games, Junior H to Junior A. 9. DUTIES 9.1 POWERS of the EXECUTIVE COMMITTEE The Executive Committee may exercise all such powers of the Club and carry into effect all such objects of the Club as are not by these articles required to be exercised by the Club in a General Meeting. Without limiting the generality of the preceding words and in addition to the powers specifically discussed upon it, the Executive shall have power to: (a) Administer the finances of the Club. (b) Appoint the bankers of the Club. (c) Direct the opening of bank accounts for the specific purposes and to transfer funds from one account to another, and to close any account. (d) Nominate the members whose signatures shall be the authority for withdrawal of funds from each account. (e) Determine Annual Membership Fees payable by members and decide such levies, rates of charges as it deems necessary and advisable and to enforce payment thereof. (f) Adjudicate on all matters brought before it which in any way affect the Club or the game of Netball. (g) The Executive Committee shall meet at such times as may be deemed advisable for the efficient working of the Club. A meeting of the Executive shall be called at the direction of any Executive Member, after consultation with the Club President. 9.2 MEMBERS of the EXECUTIVE COMMITTEE: The Executive Committee shall consist of the following members: (a) President The President of the Club is the Club s Chief Executive Officer and as such presided at General Meetings of the Club. The President shall be called the Chairwoman at General and Committee meetings. (b) Vice President The Vice-President shall assist the President of the Club and preside at meetings if the President is absent, (c) Secretary The Secretary shall carry out her duties under the direction of the Committee and keep a true record of all minutes of all meetings, attend to correspondence, issue notices for meetings, keep records and carry out such duties as the Committee may from time to time direct. (d) Treasurer The Treasurer shall receive all monies payable to the Club and give receipts the same. All monies so received shall be paid into the Bank Account of the Club. The Treasurer shall be present at each General Meeting a balance of the finances of the Club and shall keep proper books of accounts of all monies received and disbursed. 4
10. DISCIPLINARY BOARD The Disciplinary Board will consist of President, Vice-President and Secretary. 11. FINANCE (a) The Financial period shall be from October 1 st to September 31 st the following year. All members shall be deemed to be financial for the purpose of the Annual General Meeting or for nomination purposes, provided the previous year s annual subscription has been paid. (b) All monies of the Club shall be paid into the Account of the Club at such bank as the Executive Committee may from time to time direct. (c) No monies shall be drawn from the Club s Account save by cheque signed by the Signatories authorised by the Executive Committee. All withdrawals require the signature of two of the following: President, Vice President, Secretary or Treasurer. No cheque shall be signed or money withdrawn unless such withdrawal has been approved by the Executive Committee. (d) The books and accounts of the Club shall be audited annually by an auditor or qualified Accountant appointed by the Executive Committee at the first committee meeting for the proceeding season. A statement showing the financial position of the Club shall be tabled at Committee Meetings. (e) Trustees Unless otherwise determined, the members of the Committee for the time being shall be deemed to be Trustees of the Club, to hold any property, real; and personal belonging to the Club. (f) Members or Officers of the Club are generally not liable to contribute towards the payment of debts or liabilities of the Club. 12. AMENDMENTS TO CONSTITUTION (a) This shall be the only Constitution of the Cockburn Netball Club Incorporated and shall come into force forthwith and shall not be altered, varied, added to or repealed unless made by Special Resolution which is passed by a three-fourths (75%) majority of members present and entitled to vote at the an Annual General Meeting or at a meeting specially convened for that purpose are in favour of such alteration, variation, addition or repeal. (b) If any such proposed alteration, variation, addition or repeal is intended, written notice by the Secretary is required not later than 30 days prior to the date of such meetings. (c) The property, assets and income of the Club, wherever derived, shall be applied towards the promotion of the objects of the Club, and in no portion thereof shall be paid or transferred either directly or indirectly by way of bonus, dividend or otherwise by way of profit generally of the Club, provided that nothing herein contained shall prevent the payment in return for services actually rendered, nor prevent the payment of interests on money borrowed form any member of the Club. Should the Club for any reason whatsoever cease to function any member or person holding any Club monies or property shall forthwith pay the same to the Committee. (d) If the Club is solvent it may voluntarily resolve to wind up by special resolution passed by a majority of not less than three-fourths of the members present and entitled to vote at a general meeting. DISSOLOUTION If upon the winding up or dissolution of the Association there remains after satisfaction of all debits and liabilities any property whatsoever, the same must not be paid to or distributed among 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. 5
13. AWARD OF TROPHIES (a) Trophies donated will be allocated as the Club warrants. (b) A Club Trophy for selection in the Fremantle Netball Association Representative Team for each player selected. (c) Trophies will be awarded by the coach or committee. (d) Premiership team players will be presented with a suitable medal or trophy. (e) Grand Final runners-up will be presented with a suitable medal or trophy. (Provided fiancés allow). (f) MVP of the Grand Final a player from a team that has become successful in making it into the Grand Final will be selected as the MVP of the Grand Final. (g) Players Player Award, this award is applicable to Under 17s, Under 19 s and Senior Teams and is named The Players Player and is to be voted solely by the players in the team. 13.1 Perpetual Trophies The Cockburn Netball Club Incorporated awards the following Perpetual Trophies at the each of the end of season wind-ups. Club Members and officials are invited to nominate players and/or officials for one of the awards outlined in the Club Policy Booklet, Section 4.5: Upon receiving the nominations for each of the Perpetual Trophies, the nominations will be read out at an Executive Committee meeting. The Executive committee members present at the meeting shall consist of the Club President, Vice President, Secretary and Treasurer. The recipient of the trophy will be deemed by the Executive Committee and if required additional members of the general committee may be approached for additional feedback or comments. 14. CLUB FEES The Annual Membership Fee shall be determined by the Executive Committee, upon receiving Netball WA and FNA s Annual Fees for the forthcoming season. Life Members wishing to play, the Club will subsidise the full amount of their fees and there will be no cost to the player. 15. CLUB REGISTRATION (a) The Annual Membership Fee shall be determined by the Committee, upon receiving Netball WA and FNA s Annual Fees for the forthcoming season. (b) All players shall complete the Club Registration Form, which shall be accompanied with the prescribed joining fee. (c) All Senior and Junior players to be financial by the 1 st of game of round one of the playing season. Players who are unable to pay their fees by the subsequent date are to organise a payment plan with the Treasurer of the Club. Players not financial by this time will be deemed not financial and shall not play at the expense of financial players. The 1 st instalment of the players Annual Fee is non refundable. (d) The Club will register all players with the Fremantle Netball Association prior to the player participating in a match. 16. TRANSFERS AND CLEARANCES All financial players will be cleared unless conditions of obligatory or penalty prevail... Players have the right of appeal if refused a clearance and their case put before the Committee. 6
17. LIFE MEMEBERSHIP (a) i) Shall be decided, on recommendation of the Executive Committee provided a majority of threefourths of Executive Committee Members agree. Ten years of continuous active service as a Committee Members or Club Officer will constitute eligibility. Life Members shall, during the continuance of their life be entitled to all the rights and privileges of membership. Life Members wishing to play, the Club will subsidise the full amount of their fees and there will be no cost to the player. (a) ii) HONOURARY LIFE MEMBERSHIP shall be decided, on the recommendation of the Executive Committee provided a majority of three-fourths of the Executive Committee Members present agree. Ten years of outstanding service to the Cockburn Netball Club will constitute eligibility, as determined by the current elected Committee and Life Members. Honourary Life Members shall, during the continuance of their life be entitled to all the rights and privileges of membership. Honourary Life Members wishing to play, the Club will subsidise the full amount of their fees and there will be no cost to the player. (b) HONOUR BADGE on the recommendation of the Executive Committee. Five years continuous active service as a Committee member or officer of the Club will constitute eligibility. 18. CLUB RULES (a) Fees will only be refunded to players not completing a season because of illness, pregnancy or injury unless otherwise agreed to by the Committee. Refer to point 5 Membership, section (f) for further explanation. (b) All fines made by the Fremantle Netball Association must be paid by the player concerned. (c) Players joining from other Clubs must be responsible for obtaining their own clearance from that Club. (d) All Players selected for our A Grade are encouraged to make themselves available for coaching other teams of the Club... When free of their own Club commitments, are required at all times to encourage and support the other member s teams within the Club. (e) Training session for all teams will be decided by the Committee... All Players attending training take priority to play on the next match day, except in the case of final rounds or for matches which may be important to team placing s in the final four. (f) All Senior and Junior Teams must provide the required number of players for Association Umpires Examinations, Demonstrations and scheduled Umpiring duties. (g) Captains / Vice Captains of teams will be selected by the Committee... They are responsible for Netball, Time clock, Bibs and Scorecards.... The behaviour of their team on the field. (h) Club Captain will be selected by the Committee. The role of the Club Captain shall be: 1. They are responsible to provide a positive role model for the Club on the field and at training. 2. To promote, advance, foster and cultivate the game of Netball. 7
3. To educate, train, coach and encourage members in the game of Netball so that all members can have the opportunity to reveal their maximum potential. (i) All additional Club Policies and Rulings can be clearly outlined in the current Cockburn Netball Club Policy Booklet. 19. INTERPRETATION (a) If any event the Club shall be bound by the Rules provided by the Fremantle Netball Association (Inc) and Netball WA (Inc). (b) In any event of any question not provided for in Rule 10 (a) arising the Committee shall consider such question which shall be determined by a majority vote. (c) In this constitution:.. Feminine includes Masculine.. Words importing singular include plural and words plural include singular where context permits... In Writing or written means and includes printing or other means of representing or reproducing words in visible form... Netball means the International game of Netball. COMMON SEAL The common seal of the Cockburn Netball Club Incorporated shall be in the custody of the President or Secretary and shall be affixed to any document only pursuant to a resolution of the Committee. The affixation of the Seal shall be witnessed by the President and the Secretary. * * * * * * * * * * * * * * * I HEREBY CERTIFY the foregoing to be true and correct copy of the Constitution of the Cockburn Netball Club Incorporated. SIGNED MELANIE M RAINEY Club Secretary PATRICIA ROURKE Club President 8