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Constitution

constitution

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  • 1. Name
    • The name of the Club shall be the Moore Park Tigers Junior Australian Football Club Incorporated, hereinafter referred to as “the Club”.
  • 2. Objectives
    • The objectives of the Club shall be:
    • to promote and foster the game of Australian Football through the provision of training practices and facilities and by the entering of a team or teams in organised competition; and
    • to encourage a community spirit among members of the Club through involvement in the Club’s affairs and social activities.
  • 3. Definitions
    • In these rules, except in so far as the context or subject matter otherwise indicates or requires:
      • AFL Code of Conduct means the code of conduct as issued by AFL NSW/ACT from time to time;
      • AFL Greater Sydney Juniors means the body of that name (or any successor body) established by AFL NSW/ACT for the conduct of Australian Football junior competitions in that region;
      • AFL NSW/ACT means AFL (NSW/ACT) Commission Limited ACN 086 839 385 (or any successor body);
      • AFL Rules means the rules and by-laws, in place at any particular time, of AFL NSW/ACT, AFL Greater Sydney Juniors and their applicable regional committees;
      • Books and Records means all records (in any type of storage medium) in the possession or control of the Treasurer, including, without limitation, member lists, customer lists, sales records, records relating to regulatory matters, financial and accounting records and compliance records;
      • Committee means the committee of the Club constituted pursuant to Part 3 of these rules.
      • Financial Year means year ending on 31 October;
      • President means the person holding office under these rules as President of the Club;
      • Registrar means the person holding office under these rules as Registrar of the Club;
      • Secretary means the person holding office under these rules as Secretary of the Club, or where no such person holds that office, the public officer of the Club;
      • Special General Meeting means a general meeting of the Club other than the annual general meeting;
      • Special Resolution means a resolution of the Club as required by Rule 30.
      • the Act means the Associations Incorporation Act 2009; and
      • the Regulation means the Associations Incorporation Regulation 2022;
      • Treasurer means the person holding office under these rules as Treasurer of the Club.
    • In these rules:
      • a reference to a function includes a reference to a power, authority and duty; and
      • a reference to the exercise of a function includes, if the function is a duty, a reference to the performance of the duty.
    • The provisions of the Interpretation Act 1987, apply to and in respect of these rules in the same manner as those provisions would so apply if these rules were an instrument made under the Act.
  • 4. Membership Qualifications
    • A member of the Club is any person who is a:
      • Junior Member – being a playing member of the Club whose annual registration fee has been paid;
      • Parent Member – being a parent/guardian of a Junior Member; or
      • Life Member – being a person who has been awarded life membership of the Club in accordance with Rule 4(d).
    • Membership (as a Junior Member) shall be open to any person who is eligible to play Australian Football for the Club pursuant to the AFL Rules.
    • Payment of a Junior Member’s registration fee is deemed to include the payment of the annual membership subscription for the Parent Member and provides Club membership (as a Parent Member) for one parent/guardian of the Junior Member.
    • A properly constituted annual general meeting or Special General Meeting may appoint a person as an honorary life member of the Club in recognition of services rendered in promoting the interests and objects of the Club. Not more than two (2) honorary Life Members shall be elected in any financial year of the Club and such election shall be approved by a Special Resolution. Life Members are not required to pay membership subscriptions for the term of their membership.
    • No restrictions shall be imposed on any person by virtue of religious or political beliefs, sex, race or age (subject to applicable age and sex eligibility requirements of competitions).
    • The Committee shall have the right to refuse membership to any person without assigning any reason.
    • All members of the Club shall be bound by the AFL Rules.
    • All members of the Club agree to abide by the AFL Code of Conduct.
  • 5. Register of Members
    • The Secretary of the Club shall establish and maintain a register of members of the Club specifying the name, address, contact phone number and email address of each person who is a member of the Club.
  • 6. Cessation of membership
    • A person ceases to be a member of the Club if the person:
      • dies;
      • resigns Club membership by giving written notice to the Secretary;
      • is expelled from the Club;
      • does not pay their paid the annual membership subscription to the Club; or
      • as a Parent Member, if they do not have a child who is a Junior Member.
  • 7. Membership entitlements not transferable
    • A right, privilege or obligation which a person has by reason of being a member of the Club:
      • is not capable of being transferred or transmitted to another person; and
      • terminates on cessation of the person’s membership.
  • 8. Members Liabilities
    • The liability of a member of the Club to contribute towards the payment of the debts and liabilities of the Club or the costs, charges and expenses of the winding up of the Club is limited to the amount, if any, unpaid by the member in respect of membership of the Club as required by these rules.
  • 9. Disciplining of members
    • Any member found guilty of conduct prejudicial to the interests of the Club may be suspended for a period not exceeding 12 months, or may be expelled at the discretion of the Committee, provided that a member so expelled shall have the right of appeal to the next general meeting, which may confirm, vary or revoke the Committee’s decision. Voting on this issue shall both in Committee, and in general meeting, be by secret ballot.
    • Before any member shall be expelled or otherwise punished or penalised, they shall be called before the Committee (allowing at least 14 days from time of notice being served) who shall enquire into the member’s conduct giving such member every opportunity to defend themself against alleged misconduct. Provided a quorum is established and a majority of the Committee present when the matter is enquired into is of the opinion that such member has been guilty of alleged misconduct, the Committee shall establish the penalty (if any) against such member.
    • Should any member fail to appear before the Committee to answer allegations as mentioned under rule 9(b), such member shall be automatically suspended until they appear before the Committee.
  • 10. Resolution of Internal Disputes
    • Disputes between members (in their capacity as members) of the Club shall be referred to the Committee for mediation and disputes between members and the Committee are to be referred to an independent mediator agreed to by the parties concerned.
    • At least 7 days before a mediation session is to commence, the parties are to exchange statements of the issues that are in dispute between them and supply copies to the mediator.
  • 11. Right of appeal of disciplined member
    • A member may appeal to the Club in general meeting against a penalty of the Committee under rule 9(b), within 7 days after notice of the penalty is served on the member, by lodging with the Secretary a notice to that effect.
    • The notice must be accompanied by a statement of the grounds on which the member intends to rely for the purposes of the appeal.
    • On receipt of a notice from a member under rule 11(a), the Secretary must notify the Committee which is to convene a general meeting of the Club to be held within 28 days after the date on which the Secretary received the notice.
    • At a general meeting of the Club convened under rule 11(c):
      • no business other than the question of the appeal is to be transacted.
      • the Committee and the member must be given the opportunity to state their respective cases orally or in writing or both.
      • the members present are to vote by secret ballot on the question of whether the resolution should be confirmed or revoked.
  • 12. Register of Committee Members
    • The Secretary shall keep a register of members of the Committee of the Club specifying:
      • the names, residential addresses, contact phone numbers and email addresses of each person who is a member of the Committee.
      • the date on which the person became a member.
      • the date on which any such member was elected to the office and the date on which any such member ceased to hold such a position.
  • 13. Powers of the Committee
    • The Committee shall be called the “Committee” of the Club and, subject to the Act, the Regulation and these rules and to any resolution passed by the Club in a general meeting:
      • shall control and manage the affairs of the Club;
      • may exercise all such functions as may be exercised by the Club other than those functions that are required by these rules to be exercised by a general meeting of the Club; and
      • has power to perform all such acts and do all such things as appear to the Committee to be necessary or desirable for the proper management of the affairs of the Club including promulgation of by-laws.
  • 14. Constitution and Membership
    • The Committee shall consist of four office bearers and up to six ordinary Committee members:
      • The office bearers will be:
        • President
        • Secretary
        • Treasurer
        • Registrar
      • The ordinary Committee members will be:
        • Coach Coordinator;
        • Youth Girls Coordinator;
        • Auskick Coordinator;
        • Sponsorship and Grants Coordinator; and
        • up to two general Committee members
    • One of these Committee members is to be nominated as the Club’s liaison with AFL NSW/ACT.
    • Each member of the Committee shall, subject to these rules, hold office until the conclusion of the members second year following the date of the member’s election. This needs to be completed at the Club’s annual general meeting. The member is eligible for re-election.
    • Office bearers’ roles of President and Treasurer will be open on opposite years to those of Registrar and Secretary.
    • In the event of a casual vacancy occurring in the membership of the Committee, the Committee may appoint a member of the Club to fill the vacancy and the member so appointed shall hold office, subject to these rules, until the conclusion of the annual general meeting next following the date of the appointment.
  • 15. Election of Members
    • Only Parent Members may nominate as candidates for the Committee. Nominations of candidates for election as office bearers or ordinary members of the Committee shall be made in writing, and delivered to the Secretary not less than 7 days before the date fixed for the annual general meeting.
    • All nominations must be accompanied by the written consent of the candidate.
    • If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated are taken to be elected.
    • If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held.
    • The ballot for the election of office bearers shall be conducted at the annual general meeting in such usual and proper manner as the Committee may direct.
    • Any positions not filled at the annual general meeting shall be deemed to be casual vacancies.
  • 16. Secretary
    • It is the duty of the Secretary to convene meetings in accordance with these rules and keep minutes of all proceedings and the names of those present at such meetings.
    • If the Secretary is not in attendance, another Club Committee member must keep the minutes of the meeting.
  • 17. Treasurer
    • It is the duty of the Treasurer of the Club to ensure that:
    • all money due to the Club is collected and received and that all payments authorised by the Club are made; and
    • correct books and records and accounts are kept showing the financial affairs of the Club including full details of all receipts and expenditure connected with the activities of the Club.
  • 18. Casual Vacancies
    • For the purposes of these rules, a casual vacancy in the office of a member of the Committee occurs if the member:
      • resigns office by notice in writing given to the Secretary;
      • ceases to be a member of the Club;
      • is removed from office under rule 19;
      • is absent from three (3) consecutive Committee meetings without reasonable excuse;
      • becomes a mentally incapacitated person or dies; or
      • is convicted of a criminal offence (other than a minor traffic offence).
  • 19. Removal of Committee Member
    • The Club in a general meeting may by resolution remove any member of the Committee from the office of member before the expiration of the member’s term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the member so removed.
    • Where a member of the Committee to whom a proposed resolution referred to in rule 19(a) relates makes representations in writing to the Secretary or President (not exceeding a reasonable length) and requests that the representation be notified to the members of the Club, the Secretary or President may send a copy of the representations to each member of the Club or, if they are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered.
  • 20. Meetings and Quorum
    • The Committee shall meet monthly or otherwise as required at such place and time as the Committee may determine.
    • Oral or written notice of a meeting of the Committee shall be given by the Secretary at least seven (7) days before the date of such meeting.
    • Any five (5) members of the Committee shall constitute a quorum for the transaction of the business of a meeting of the Committee.
    • No business shall be transacted by the Committee unless a quorum is present and if within half an hour of the time appointed for the meeting a quorum is not present, the meeting stands adjourned to a time and place to be advised within fourteen (14) days of the date of such adjourned meeting.
    • If at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the members present (being not less than three) shall constitute a quorum.
    • At a meeting of the Committee:
      • the President or, in the President’s absence, the Secretary shall preside; or
      • if the President and Secretary are absent or unwilling to act, the members present may choose one of their number to preside.
  • 21. Delegation by the Committee to Sub–Committee
    • The Committee may, by instrument in writing, delegate to one or more sub-committees the exercise of such functions as may be considered necessary from time to time other than:
      • this power of delegation; and
      • a function which is a duty imposed on the Committee by the Act or by any other law.
    • A function, the exercise of which has been delegated to a sub-committee under this rule may, while the delegation remains unrevoked, be exercised from time to time by the sub-committee in accordance with the terms of the delegation.
    • A delegation under this rule may be made subject to such conditions or limitations as may be specified in the instrument of delegation.
    • Notwithstanding any delegation under this rule, the Committee may continue to exercise any function delegated.
    • Any act or thing done or suffered by a sub-committee acting in the exercise of a delegation under this rule has the same force and effect as it would have if it had been done or suffered by the Committee.
    • The Committee may, by instrument in writing, revoke wholly or in part any delegation under this rule.
    • A sub-committee may meet and adjourn as it thinks proper.
  • 22. Voting and Decisions
    • Questions arising at a meeting of the Committee or any sub-committee appointed by the Committee shall be determined by a majority of votes of members of the Committee or sub-committee present at the meeting.
    • Each member present at a meeting of the Committee or any sub-committee appointed by the Committee (including the person presiding at the meeting) is entitled to one vote but, in the event of equality of votes on any question, the person presiding may exercise a second or casting vote.
    • Any act or thing done or suffered, or purporting to have been done or suffered, by the Committee or a sub-committee appointed by the Committee, is valid and effectual notwithstanding any defect that may afterwards be discovered in the appointment or qualification of any member of the Committee or sub-committee.
  • 23. Annual General Meeting
    • The annual general meeting of the Club shall be held before 31 December each year at such place and time as the Committee may determine.
    • In addition to any other business which may be transacted at an annual general meeting, the business of an annual general meeting is to include:
      • apologies;
      • confirmation of minutes of previous annual general meeting and of any special general meeting which may have been held since that meeting;
      • to receive from the Committee, reports upon the activities of the Club during the financial year just ended;
      • to receive and consider the financial statement which is required to be submitted to members pursuant to section 26(6) of the Act; and
      • election of office bearers and ordinary members of the Committee.
  • 24. Special General Meetings
    • The Committee may convene a special general meeting of the Club whenever it thinks fit or on receipt of a requisition in writing from not less than seven (7) members of the Club stating the purpose of the meeting.
    • If the Committee fails to convene a special general meeting to be held within 30 days after that date on which a requisition of members for the meeting is lodged with the Secretary, any one or more of the members who made the requisition may convene a special general meeting to be held not later than 90 days after that date.
  • 25. Notice
    • Except where the nature of the business to be proposed to be dealt with at a general meeting requires a Special Resolution, the Secretary shall provide at least 14 days’ notice of the meeting to each member of the Club specifying the place, date and time of the meeting and the nature of the business to be transacted.
    • Where the nature of the business requires a Special Resolution, at least 21 days’ notice of the meeting shall be provided in the manner described in rule 25(a) and specifying the intention to propose the resolution as a Special Resolution.
    • No business other than that specified in the notice convening a general meeting shall be transacted at the meeting except, in the case of an annual general meeting, business which may be transacted pursuant to rule 23(b).
    • A member desiring to bring any business before a general meeting may give notice in writing of that business to the Secretary who shall include that business in the notice for the meeting provided that the requirements of notice under this rule can be satisfied.
  • 26. Procedure
    • No item of business shall be transacted at a general meeting unless a quorum of members entitled under these rules to vote is present.
    • Seven (7) members present in person (being members entitled under these rules to vote at a general meeting) shall constitute a quorum for the transaction of business at a general meeting of the Club.
    • If after 30 minutes of the appointed time for the commencement of a general meeting a quorum is not present, the meeting if convened upon the requisition of members shall be dissolved and in any other case shall stand adjourned to a time and place to be advised, within 21 days of the date of such adjourned meeting.
    • If at the adjourned meeting a quorum is not present within 30 minutes after the time appointed for the commencement of the meeting, the members present (being not less than 5) shall constitute a quorum.
  • 27. Chairperson at general meetings
    • The President or, in the President’s absence, the Secretary, shall preside as chairperson at each general meeting of the Club.
    • If the President and Secretary are absent or unwilling to act at a general meeting the members present shall elect one of their number to preside as chairperson at the general meeting.
  • 28. Adjournment
    • The chairperson of a general meeting at which a quorum is present may, with the consent of the majority of members present at the meeting, adjourn the meeting to another time and place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
  • 29. Decisions and Voting
    • A question arising at a general meeting of the Club shall be determined on a show of hands unless a poll is demanded by the chairperson or by 4 or more members present in person or by proxy at the meeting. The resolution of the poll on the matter shall be deemed to be the resolution of the meeting on the matter in question.
    • Upon any question arising at a general meeting of the Club only Parent Members and Life Members shall be entitled to one vote. In the event of equality of voting, the chairperson of the meeting is entitled to exercise a second or casting vote.
    • Each member shall be entitled to appoint another member as proxy by notice given to the Secretary at least 24 hours before the commencement of the meeting in respect of which the proxy is appointed.
  • 30. Special Resolution
    • A resolution of the Club is a Special Resolution if it is passed by a majority which comprises not less than three-quarters of the votes cast by such members of the Club as, being entitled under these rules to do so, voting in person or by proxy at a general meeting of which not less than 21 days written notice specifying the intention to propose the resolution as a Special Resolution was given in accordance with these rules.
  • 31. Insurance
    • The Club shall effect and maintain insurance at minimum to the level provided by AFL NSW/ACT and its insurance partner with consideration given to section 44 of the Act.
    • In addition to the insurance required under rule 31(a), the Club may effect and maintain other insurance.
  • 32. Funds – Source
    • The funds of the Club shall be derived from registration fees, annual subscriptions of members, donations, sponsorships, fundraising and, subject to any resolutions passed by the Club in general meeting, such other sources as the Committee determines.
    • All money received by the Club shall be deposited as soon as practicable and without deduction to the credit of the Club’s bank account.
    • The Club must, as soon as practicable after receiving any money, issue an appropriate receipt.
  • 33. Funds – Management
    • Subject to any resolution passed by the Club in general meeting, the funds of the Club shall be used in pursuance of the objects of the Club in such manner as the Committee determines.
    • All cheques, draft, bills of exchange, promissory notes and other negotiable instruments shall be signed by any two members of the Committee authorised by the Committee to do so.
  • 34. Alteration of Objects and Rules
    • The statement of objects and these rules may be altered, rescinded or added to only by a Special Resolution.
  • 35. Common Seal
    • The common seal of the Club shall be kept in the custody of the public officer of the Club.
    • The common seal shall not be affixed to any instrument except by the authority of the Committee and the affixing of the common seal shall be attested by the signatures of two members of the Committee.
  • 36. Custody of Books and Records
    • Except as otherwise provided by these rules, the public officer of the Club shall keep in their custody or under their control all records, books and other documents relating to the Club.
  • 37. Inspection of Books and Records
    • The records, books and other documents of the Club shall be open to inspection, free of charge, by a member of the Club at any reasonable hour.
  • 38. Service of Notices
    • For the purpose of these rules, a notice may be served by or on behalf of the Club upon any member either personally or by sending it by post to the member at the member’s physical or email address shown in the register of members.
    • Where a document is sent to a person by properly addressing, prepaying and posting to the person containing the document, the document shall, unless the contrary is proved, be deemed for the purposes of these rules to have been served on the person at the time at which the letter would have been delivered in the ordinary course of post.
    • Where a document is sent to a person by email, the document shall, unless the contrary is proved, be deemed for the purpose of these rules to have been served on the person when sent by the sender, unless the sender receives a delivery failure notification indicating that the email has not been delivered to the addressee.
  • 39. Dissolution
    • The Club may be wound up only by a Special Resolution.
    • If upon the winding up or dissolution of the Club there remains after satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed among the members of the Club but shall be given or transferred to some other institution or institutions having objects similar or in part similar to the objects of the Club and which shall also prohibit the distribution of its or their property among its or their members, such institution or institutions to be determined by the members at or before the time of dissolution.