Governance

To review our D.O.C.E.P approved Incorporation Rules please click here.

CONSTITUTION OF THE ESPERANCE SOCCER ASSOCIATION (INC) NOVEMBER 2010

1.    NAME
2.    DEFINITION
3.    OBJECTS
4.    POWERS OF THE ASSOCIATION
5.    MEMBERSHIP
6.    MEMBERSHIP CATEGORIES
7.    AFFILIATED CLUBS OR TEAMS
8.    SUBSCRIPTIONS OF MEMBERS AND REGISTERED PLAYERS OF THE ASSOCIATION
9.    REGISTER OF MEMBERS
10.  TERMINATION OF MEMBERSHIP AND/OR PLAYER REGISTRATION
11.   SUSPENSION OR EXPULSION OF MEMBERS AND/OR REGISTERED PLAYERS OF THE ASSOCIATION
12.   COMMIITEE OF MANAGEMENT
13.   PRESIDENT AND VICE-PRESIDENT
14.   SECRETARY
15.   TREASURER
16.   REGISTRAR
17.   CASUAL VACANCIES IN MEMBERSHIP OF COMMITTEE
18.   PROCEEDINGS OF COMMITTEE
19.   GENERAL MEETINGS
20.   QUORUM AND PROCEEDINGS AT GENERAL MEETINGS
21.   MINUTES OF MEETINGS OF THE ASSOCIATION
22.   VOTING RIGHTS OF MEMBERS OF THE ASSOCIATION
23.   RULES AND BY-LAWS OF THE ASSOCIATION
24.   COMMON SEAL OF ASSOCIATION
25.   INSPECTION OF RECORDS, ETC OF THE ASSOCIATION
26.   DISPUTES AND MEDIATION
27.   DISCIPLINARY COMMITTEE
28.   FINANCE
29.   DISTRIBUTION OF SURPLUS PROPERTY ON WINDING UP OF THE ASSOCIATION

1.    NAME

The name of the Association is Esperance Soccer Association (Inc.)

2.    DEFINITION

In these rules, unless the contrary intention appears:-

“annual general meeting: is the meeting convened under paragraph (b) of rule 19(1);

“Committee meeting” means a meeting referred to in rule 12.;

“Committee member” means persons referred to in paragraph a), b), c), d), e) or f) of rule 12 (1);

“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 20th June; and thereafter each period commencing 1st July and ending on the 30th June in the next year;

“general meeting” means a meeting to which all members are invited;

“member” means member of the Association;

“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 other than the annual general meeting;

“special resolution” has the meaning given by section 24 of the Act, that is:-

A resolution is a special resolution is 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 the rules of the Association by proxy or postal vote, at a general meeting of which notice specifying the intention to propose the resolution as a special resolution was given in accordance with those rules. At a meeting which a resolution proposed as a special resolution is submitted, a declaration by the person presiding that the resolution has been passed as a special resolution shall be evidence of the fact unless, during the meeting at which the resolution 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.

“the Act” means the Associations Incorporation Act 1987;

“the Association” means the Association referred to in rule 1.;
“the President” means:-

a)    in relation to the proceedings at a committee meeting or general meeting, the person presiding at the committee meeting or general meeting in accordance with rule 12; or

b)    otherwise than in relation to the proceedings referred to in paragraph (a), the person referred to in paragraph a) of rule 12 (1) or, if that person is unable to perform his or her functions, the Vice President;

“the commissioner: means the Commissioner for Consumer Protection exercising powers under the Act;

“the committee” means the Committee of Management to the Association referred to in rule 12 (1);

“the Secretary” means the Secretary referred to in paragraph (c) of rule 12 (1);

“the Treasurer” means the Treasurer referred to in paragraph (d) of rule 12 (1);

“the Vice-President” means the Vice-President referred to in paragraph (b) of rule 12 (1);

“the Registrar” means registrar referred to in Paragraph (e) of rule 12 (1);

3.    OBJECTS

(1)    The Objects of the Association are:-

a)    To promote and foster the game of Soccer (Football) teams in and/or representing the Esperance region;
b)    To administer and manage Soccer (Football) teams in and/or representing the Esperance region;
c)    To encourage members and other interested persons to be well versed in the Laws of the game as set, periodically, by the Federation Internationale de Football Association (FIFA) and to further the development of members and registered players;
d)    To seek and maintain affiliations to those organizations appropriate to the interests of the Association.
e)    To ensure that members and registered players receive just and fair treatment;
f)    To represent the interests of the association to such Soccer (Football) bodies as may be necessary for the advancement of the game and the interests of the Association and its members and registered players generally.

(2)    The income and property of the Association whencesoever derived shall be applied solely towards the promotion of its objects and no part of thereof shall be paid or transferred directly or indirectly by way of dividend bonus or otherwise by way of pecuniary profits to members provided that remuneration may be paid in good faith to officers and servants of the Association or other persons in return for services actually rendered to the Association.

4.    POWERS OF THE ASSOCIATION

The powers conferred on the Association are the same as those conferred by section 13 of the Act, so that subject to the Act and any additions, exclusions or modifications inserted below, the Association may do all things necessary or convenient for carrying out its objects and purposes, and in particular, may:-

a)    acquire, hold, deal with, and dispose of any real or personal property;
b)    open and operate bank accounts;
c)    invest its money:-

(i)    in any security in which trust monies may lawfully be invested; or
(ii)    in any other manner authorised by the rules of the Association;

d)    give such security for the discharge of liabilities incurred by the Association as the Association thinks fit;
e)    appoint agents to transact any business of the Association on its behalf;
f)    enter into any other contract it considers necessary or desirable; and may act as trustee and accept and hold real and personal property upon trust, but does not have power to do any act or thing as a trustee that, if done otherwise than as a trustee, would contravene this Act or the rules of the Association.

5.    MEMBERSHIP

(1) Membership of the Association is open to a natural person who:-
a)    is over the age of 18 years and wishes to further the interests of the Association.
b)    is the nominated parent or guardian of a registered junior player of the Association who participates in competition and who is under 18 years of age.

(2)     A person who wishes to become a member under rule 6 sub-rule (1) must apply for membership to the Committee in writing Signed by that person in such form as the Committee from time to time directs.

(3)     The Committee members must consider each application made under rule 6 at a Committee meeting and must at the Committee meeting or the next Committee meeting accept or reject that application.

(4)     An applicant whose application for membership of the Association is rejected under sub-rule must, if he or she wishes to appeal against that decision, give notice to the Secretary of his or her intention to do so within a period of 14 days from the date he or she is advised of the rejection.

(5)     When notice is given under sub-rule (4), the Association, in a general meeting no later than the next annual general meeting, must either confirm or set aside the decision of the Committee to reject the application, after having afforded the applicant who gave that notice a reasonable opportunity to be heard by, or to make representations in writing to, the Association in the general meeting.
(6)    Each person admitted to membership shall be:-
a) bound by the Constitution of the Association;
b) come liable for such fees and subscriptions as may be fixed by the Association; and
c) entitled to all advantages and privileges of membership.

6.    MEMBERSHIP CATEGORIES

(1)    Ordinary Member – Any person who is a financial member of the Association is entitled to hold any office and enjoy the privileges of the Association.

(2)     Life member:-
a)    Any person who has rendered outstanding service to the club may be selected as a life member at the annual general meeting on a vote of not less than two-thirds of those present and entitled to vote.

b)    A player who has played a minimum of 11 consecutive years and rendered service to the club in the capacity of Coach, Assistant Coach or Volunteer assisting the Committee may be selected as a life member at the annual general meeting on a vote of not less than two-thirds of those present and entitled to vote.

c)    Nominations for life membership must be in writing, signed by two members and lodged with the Secretary of the Association twenty-one days prior to the Annual General Meeting. All such nominations are to be voted by the committee and up to two nominations per year be recommended for approval at the Annual General Meeting.

d)    Life Members shall be presented with a Life Membership Badge.

e)    Life Members over the age of 18 years are entitled to a deliberative vote at all General Meetings and are eligible to hold Committee of Management positions.

f)    A life member may be liable to suspension as in the case of other member persons provided that such period of suspension for each offence shall not exceed TWO years.

(3)     Patron – The Association may, at its discretion, elect a patron/s or vice patron/s of the Association for such period as may be deemed necessary. Such patron/s or vice patron/s shall not be eligible to vote unless they are current members of the Association under another category of membership.

(4)     Registered Players – A natural person who wishes to participate in a soccer football team under the control of and managed by the Association:-

a)    Registered players are entitled to the same social privileges as members but not entitled to vote.

b)    A person who wishes to become a registered player under sub-rule (4) must apply to the Committee in writing signed by that person and their parent or guardian, if under the age of 18 years, in such form as the Committee from time to time directs.

7.    AFFILIATED CLUBS OR TEAMS

A club or team desirous of becoming an affiliated club or team must make application in accordance with the By-Laws of the Association. Such application must be lodged with the Association Secretary on or before a date as determined by the Committee of the Association. Each affiliated club or team shall appoint or elect a delegate as his or her representative to meetings of the Management Committee.

8.    SUBSCRIPTIONS OF MEMBERS AND REGISTERED PLAYERS OF THE ASSOCIATION

(1)     The members may from time to time at a general meeting determine the amount of the subscription to be paid by each member.

(2)     The Committee of management may determine from time to time at a committee meeting the amount of the registration fee to be paid by players wishing to participate in competitions as registered players of the Association.

(3)     Each member and/or registered player must pay to the Treasurer, annually on or before 1st April, or such other date as the Committee from time to time determines, the amount of the subscription determined under sub-rule (1) and/or registration fee determined under sub-rule (2).

(4)     Subject to sub-rule (5), a member and/or registered player whose subscription is not paid within 1 month after the relevant date fixed by or under sub-rule (3) ceases, on the expiry of that period to be a member and/or registered player, unless the Committee decides otherwise.

(5)     A person exercises all the rights and obligations of a member and/or registered player for the purposes of these rules if his or her subscription is paid on or before the relevant date fixed by or under sub-rule (3) or within 1 month thereafter, or such other time as the Committee allows.

9.    REGISTER OF MEMBERS

(1)     The Registrar, on behalf of the Association, must comply with section 27 of the Act by keeping and maintaining-in an up to date condition a register of the members of the Association and their postal or residential addresses and, upon the request of a member of the Association, shall make the register available for the inspection of the member and the member may make a copy of or take an extract from the register but shall have no right to remove the register for that purpose.

(2)     The register must be so kept and maintained at the Registrar’s place of residence or at such other place as the members at a general meeting decide.

(3)     The Registrar must cause the name of a person who dies or who ceases to be a member under rule 10 to be deleted from the register of members referred to in sub-rule (1).

10.    TERMINATION OF MEMBERSHIP AND/OR PLAYER REGISTRATION

Membership and/or registration with the Association may be terminated upon:-

a)     receipt by the Secretary or another Committee member of a notice in writing from a member and/or registered player 01′ parent/guardian of his or her resignation from the Association. Such person remains liable to pay to the Association the amount of any subscription due and payable by that person to the Association but unpaid at the date of termination; or

b)     non-payment by a member and/or registered player of his or her subscription within 1 month of the date fixed by the Committee for subscriptions to be paid, unless the Committee decides otherwise in accordance with rule 8 (4); or

c)     expulsion of a member and/or registered player in accordance with rule 11.

11.    SUSPENSION OR EXPULSION OF MEMBERS AND/OR REGISTERED PLAYERS OF THE ASSOCIATION

(1)     If the Committee considers that a member should be suspended or expelled from membership of
the Association because his or her conduct is detrimental to the interests of the Association, the
Committee must communicate, either orally or in writing, to the member and/or registered player:-

a)     notice of the proposed suspension or expulsion and of the time, date and place of the Committee meeting at which the question of that suspension or expulsion will be decided; and

b)     particulars of that conduct,

not less than 7 days before the date of the Committee meeting referred to in paragraph (a).

(2)     At the Committee meeting referred to in a notice communicated under sub-rule (1), the Committee may, having afforded the member and/or registered player concerned a reasonable opportunity to be heard by, or to make representations in writing to, the Committee, suspend or expel or decline to suspend or expel that member and/or registered player from membership and or activities of the Association and must, forthwith after deciding whether or not to suspend or expel that member and/or registered player, communicate that decision in writing to that member and/or registered player.

(3)     Subject to sub-rule (5), a member and/or registered player has his or her membership and/or registration suspended or ceases to be a member and/or registered player 14 days after the day on which the decision to suspend or expel a member and/or registered player is communicated to him or her under sub-rule (2).

(4)     A member and/or registered player who is suspended or expelled under sub-rule (2) must, if he or she wishes to appeal against that suspension or expulsion, give notice to the Secretary of his or her intention to do so within the period of 14 days referred to in sub-rule (3).

(5)     When notice is given under sub-rule (4):-
a)    the Association, in a general meeting, must either confirm or set aside the decision of the Committee to suspend or expel the member and/or registered player, after having afforded the member and/or registered player who gave that notice a reasonable opportunity to be heard by, or to make representations in writing to, the Association in the general meeting; and

b)    the member and/or registered player who gave that notice is not suspended or does not cease to be member and/or registered player unless and until the decision of the Committee to suspend or expel him or her is confirmed under this sub-rule.

12.    COMMIITTEE OF MANAGEMENT

1)     Subject to sub-rule (9), the affairs of the Association will be managed exclusively by a Committee of Management consisting of:-

a) President;
b) Vice-President;
c) Secretary;
d) Treasurer;
e) Registrar and
f) not less than 4 other persons,

all of whom must be members of the Association.

(2)     Committee members must be elected to the Committee at an annual general meeting or appointed under sub-rule (8).

(3)     Subject to sub-rule (8), a Committee member’s term will be from the end of the annual general meeting of his or her election until the end of the next annual general meeting after his or her election, but he or she is eligible for re-election to the Committee.
(4)     Except for nominees under sub-rule (7), a person is not eligible for election to the Committee unless a member has nominated him or her for election by delivering notice in writing of that nomination, signed by the nominator and the nominee to signify his or her willingness to stand for election to the Secretary not less than 7 days before the day on which the annual general meeting concerned is to be held.

(5)     A person who is eligible for election under this rule may:-

a)     nominate or second himself or herself for election or re-election; and
b)     vote for himself or herself.

(6)     If the number of persons nominated in accordance with sub-rule (4) for election to membership of the Committee does not exceed the number of vacancies in that membership to be filled, the Secretary must report accordingly to and the President must declare those persons to be duly elected as members of the Committee at the annual general meeting concerned.

(7)     If vacancies remain on the Committee after the declaration under sub-rule (6), additional nominations of Committee members may be accepted from the floor of the annual general meeting. If such nominations from the floor do not exceed the number of vacancies the Chairperson must declare those persons to be duly elected as members of Committee. Where the number of nominations from the floor exceeds the remaining number of vacancies on the Committee, elections for those positions must be conducted.

(8)     If a vacancy remains on the Committee after the application of sub-rule (7), or when a casual vacancy within the meaning of rule 17 occurs in the membership of the Committee:-

a) the Committee may appoint a member to fill that vacancy; and
b) a member appointed under this sub-rule will :-

(i)     hold office until the end of the next annual general meeting; and
(ii)     be eligible for election to the Committee at the next annual general meeting.

(9)     The Committee may delegate, in writing, to one or more sub-committees (consisting of such member or members of the club as the Committee thinks fit) the exercise of such functions of the Committee as are specified in the delegation other than:-

a)     the power of delegation; and
b)     a function which is a duty imposed on the Committee by the Act or any other law.
(10)     Any delegation under sub-rule (9) may be subject to such conditions and limitations as to the exercise of that function or as to time and circumstances as are specified in the written delegation and the Committee may continue to exercise any function delegated.

(11)    The Committee may, in writing, revoke wholly or in part any delegation under sub-rule (9).

13.    PRESIDENT AND VICE-PRESIDENT

(1)    Subject to this rule, the President must preside over all general meetings and Committee meetings.

(2)    In the event of the absence from a general meeting of the President, the Vice-President or both the President and the Vice-President, a member elected by the other members present at the general meeting, must preside at the general meeting

(3)    In the event of the absence from a Committee meeting of the President, the Vice-President or both the President and the Vice-President, a Committee member elected by the other Committee members present, must preside at the Committee meeting.

14.    SECRETARY

The Secretary must:-

(1)    Co-ordinate the correspondence of the Association;

(2)    Keep full and correct minutes of the proceedings of the Committee and of the
Association:

(3)    Comply on behalf of the Association with section 28 of the Act by keeping and maintaining in an up to date condition the rules of the Association and, upon the request of a member of the Association, must make available those rules for the inspection of the member and the member may make a copy of or take an extract from the rules but will have no right to remove the rules for that purpose; and

(4)    Comply on behalf of the Association with section 29 of the Act by maintaining a record of:-

a)    the name and residential or postal addresses of the persons who hold the offices of the Association provided for by these rules, including all offices held by the persons who constitute the Committee and persons who are authorised to use the common seal of the Association under rule 24; and

b)    the name  and residential or postal address of any persons who are appointed or act as trustees on behalf of the Association, and the Secretary must, upon the request of a member of the association, make available the record for the inspection of the member and the member may make a copy of or take an extract from the record but will have no right to remove the record for that purpose;

(5)    Unless the members resolve otherwise at a general meeting, have custody of all books, documents and records of the Association, including those referred to in paragraph (c) but other than those required by rule 9 to be kept and maintained by or in the custody of the Registrar and rule 15 to be kept and maintained by, or in the custody of, the Treasurer; and

(6)    Perform such other duties as are imposed by these rules on the Secretary.

15.    TREASURER

The Treasurer must:-

(1)    Be responsible for the receipt of all monies paid to or received by, or by him or her on behalf of, the Association and must issue receipts for those monies in the name of the Association;

(2)    Pay all monies referred to in paragraph  (a)  into such account or accounts of the Association as the Committee may from time to time direct;

(3)    Make payments from the funds of the Association with the authority of a general meeting or of the Committee and in so doing ensure that all cheques are signed by himself or herself and at least  one other authorised Committee member, or by any two others as are authorised by the Committee;

(4)      Comply on behalf of the association with sections 25 and 26 of the Act with respect to the accounting records of the Association by:-

a)    Keeping such accounting records as correctly recorded and explain the financial transactions and the financial position of the Association;

b)    keeping its accounting records in such manner as will enable true and fair accounts of the Association to be conveniently and properly audited; and

c)    keeping its accounting records in such manner as will enable true and fair accounts of the Association to be conveniently and properly audited; and

d)    Submitting to members at each annual general meeting of the Association accounts of the Association showing the financial position of the Association at the end of the immediately preceding financial year.

(5)     Whenever directed to do so by the Chairperson, submit to the Committee a report balance sheet or financial statement in accordance with that direction;

(6)      Unless the members resolve otherwise at a general meeting, have custody of all securities, books and documents of a financial nature and accounting records of the Association, including these referred to in paragraph d); and

(7)     Perform such other duties as are imposed by these rules on the Treasurer.

16.    REGISTRAR

The Registrar must:-

(1)     Comply with Section 27 of the Act with respect to the Register of Members of the Association, as referred to in rule 9.; and

(2)    Upon the request of a member of the Association, make available record for the inspection of the member and the member may make a copy of or take an extract from the record but will have no right to remove the record for that purpose.

17.    CASUAL VACANCIES IN MEMBERSHIP OF COMMITTEE

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

a)    Dies;

b)    Resigns by notice in writing delivered to the Secretary or, if the Committee member is the Secretary, to the President and that resignation is accepted by resolution of the Committee;

c)     Is convicted of an offence under the Act;

d)    Is permanently incapacitated by mental or physical ill- health;

e)    Is absent from more than 3 consecutive Committee meetings or 3 Committee meetings in the same financial year without tendering and 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;

f)    Ceases to be a member of the Association; or

g)     Is the subject of a resolution passed by a general meeting of members terminating his or her appointment to the Committee?

18.    PROCEEDINGS OF COMMITTEE

(1)    The Committee must meet together for dispatch of business not less than 5 times in each year and the President, Secretary or at least half the members of the Committee, may at any time convene a meeting of the Committee.

(2)    Each Committee member has a deliberative vote.

(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 at the Committee meeting will have a casting vote in addition to his or her deliberative vote.

(4)     At a Committee meeting half plus one Committee members constitute a quorum.

(5)    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.

(6)     As required under sections 21 and 22 of the Act, a Committee member having any direct or indirect pecuniary interest in a contract, or proposed contract, made by, or in the contemplation of, the Committee (except if that pecuniary interest exists only by virtue of the fact that the member of the Committee is a member 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 part in any deliberations or decision of the Committee with respect to that contract.

(7)    Sub- rule (6)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 Association.

(8)    The secretary must cause every disclosure made under sub-rule (6) (a) by a member of the Committee to be recorded in the minutes of the meeting of the Committee at which it is made.

19.    GENERAL MEETINGS

(1)    The Committee:-

a)    May at any time convene a special general meeting;

b)     Must convene annual general meetings within the time limits provided for the holding of such meetings by section 23 of the Act, that is, in every calendar year within 4 months after the end of the Association’s financial year or such longer period as may in a particular case be allowed by the Commissioner, except for the first annual general meeting which may be held at any time within 18 months after Incorporation; and

c)    Must, within 30 days of:-

i)    receiving a request in writing to do so from not less than 10 members, convene a special general meeting for the purpose specified in that request;, or

ii)    The Secretary receiving a notice under rule 11 (4), convene a general meeting to deal with the appeal to which that notice relates.

e)    Must, within 30 days of:-

i)    receiving a request in writing to do so from not less than 10 members, convene a special general meeting for the purpose specified in that request; or

ii)    the secretary receiving a notice under rule 11 (4), convene a general meeting to deal with the appeal to which that notice relates.

(2)    The members making a request referred to in sub-rule (1) c) (i) must:-

a)    state in that request the purpose for which the special general meeting concerned is required; and

b)    sign that request

(3)    If a special general meeting is not convened within the relevant period of 30 days referred to:-

a) in sub-rule (1) (c) (i), the members who made the request concerned may themselves
convene a special general meeting as if they were the Committee; or

b) in sub-rule (1) (c) (ii), the member who gave the notice concerned may him or herself
convene a special general meeting as if he or she were the Committee.

(4)     When a special general meeting is convened under sub-rule (3) (a) or (b) the Association must                  pay the reasonable expenses of convening and holding the special general meeting.

(5)     Subject to sub-rule (7), the Secretary must give to all members not less than 14 days notice of     a special general meeting and that notice must specify:-

a) when and where the general meeting concerned is to be held; and

b) particulars of the business to be transacted at the general meeting concerned and of the
order in which that business is to be transacted.

(6)     Subject to sub-rule (7), the Secretary must give to all members not less than 14 days notice of     an annual general meeting and that notice must specify:-

a) when and where the annual general meeting is to be held;

b) the particulars and order in which business is to be transacted, as follows:-

(i)     first, the consideration of the accounts and reports of the Committee;

(ii)     second, the election of Committee members to replace outgoing Committee
members; and

(iii)     third, any other business requiring consideration by the Association at the general meeting.

(7)     A special resolution may be moved either at a special general meeting or at an annual general
meeting, however the Secretary must give to all members not less than 14 days notice of the meeting at which a special resolution is to be proposed. In addition to those matters specified in sub-rule (5) or
(6), as relevant, the notice must also include the resolution to be proposed and the intention to propose the resolution as a special resolution.

(8)     The Secretary must give a notice under sub-rule (5), (6) or (7) by:-

a)     serving it on a member personally; or

b)     sending it by post or electronic means to a member at the address of the member
appearing in the register of members kept and maintained under rule 9.

(9)     When a notice is sent by post or electronic means under sub-rule (8) (b), sending of the notice will be deemed to be properly effected if the notice is sufficiently addressed and posted by ordinary
prepaid mail or forwarded by electronic means to the member concerned.

20.    QUORUM AND PROCEEDINGS AT GENERAL MEETINGS

(1)     At a general meeting, 10 members present in person constitute a quorum.

(2)     If within 30 minutes after the time specified for the holding of a general meeting in a notice given under rule 19 (5) or (6):-

a)     as a result of a request or notice referred to in rule 19 (1) (c) or as a result of action taken under rule 19 (3) 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.

(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 may nevertheless proceed with the business of that general meeting as if a quorum were present.

(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.

(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.

(6)     When a general meeting is adjourned for a period of 30 days or more, the Secretary must give
notice under rule 19 of the adjourned general meeting as if that general meeting were a fresh general
meeting.

(7)     At a general meeting:-

a)     an ordinary resolution put to the vote will be decided by a majority of votes cast on a    show of hands, subject to sub-rule (9); and

b)     a special resolution put to 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).

(8)     A declaration by the President of a general meeting 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).

(9)     At a general meeting, a poll may be demanded by the President or by three or more members
present in person 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.

(12)      The agenda for an Annual General Meeting may be:-

a)     Opening of Meeting

b)     Apologies

c)     Confirmation of minutes of previous Annual General Meeting

d)     Presentation of Annual Report

e)     Adoption of Annual Report

f)     Presentation of Treasurer’s Statement

g)     Election of New Executive

h)     Appointment of Auditor

I)     Vote of thanks for outgoing Executive

j)     Notice/s of Motion

k)     Urgent General Business

I)     Closure

21.    MINUTES OF MEETINGS OF THE ASSOCIATION

(1)     The Secretary must cause proper minutes of all proceedings of all general meetings and Committee meetings to be taken and then to be entered within 30 days after the holding of each general meeting or Committee meeting, as the case requires, in a minute book kept for that purpose or recorded and filed by electronic means.

(2)     The President must ensure that the minutes taken of a general meeting or Committee meeting
under sub-rule 1) are checked and signed as correct by the President of the general meeting or Committee meeting to which those minutes relate or by the President of the next succeeding general meeting or Committee meeting, as the case requires.

(3) When minutes have been entered and signed as correct under this rule, they are, until the contrary is proved, evidence that:-
a)     the general meeting or Committee meeting to which they relate (in this sub-rule called “the meeting”) was duly convened and held;

b)     all proceedings recorded as having taken place at the meeting did in fact take place at the meeting; and

c)     appointments or elections purporting to have been made at the meeting have been validly made.

22.    VOTING RIGHTS OF MEMBERS OF THE ASSOCIATION

(1)     Subject to these rules, each member present in person at a general meeting is entitled to a
deliberative vote.

(2)     The nominated parent or guardian member may represent more than one registered junior player but may not exercise more than one vote.

23.    RULES AND BY-LAWS OF THE ASSOCIATION

(1)     The Association may alter or rescind these rules, or make rules additional to these rules, in
accordance with the procedure set out in sections 17, 18 and 19 of the Act, which is:-

a)     Subject to sub-rule (1) (d) and (1) (e), the Association may alter its rules by special
resolution but not otherwise;

b)     Within one month of the passing of a special resolution altering its rules, or such further time as the Commissioner may in a particular case allow (on written application by the Association), the Association must lodge with the Commissioner notice of the special resolution setting out particulars of the alteration together with a certificate given by a member of the Committee certifying that the resolution was duly passed as a special resolution and that the rules of the Association as so altered conform to the requirements of this Act;

c)     An alteration of the rules of the Association does not take effect until sub-rule (1) (b)
is complied with;

d)     An alteration of the rules of the Association having effect to change the name of the
Association does not take effect until sub-rules (1) (a) to (1) (c) are complied with and the approval of the Commissioner is given to the change of name;

e)     An alteration of the rules of the Association having effect to alter the objects or   purposes of the Association does not take effect until sub-rules (1) (a) to (1) (c) are complied with and the approval of the Commissioner is given to the alteration of the objects or purposes.

(2)     The Committee may alter or rescind by-laws, or make additional by-laws, at any committee
meeting. Notice of such changes can be made at any time.

(3)     These rules bind every member and the Association to the same extent as if every member and the Association had signed and sealed these rules and agreed to be bound by all their provisions.

24.    COMMON SEAL OF ASSOCIATION

(1)     The Association must have a common seal on which its corporate name appears in legible
characters.

(2)     The common seal of the Association must not be used without the express authority of the
Committee and every use of that common seal must be recorded in the minute book or by electronic
means referred to in rule 21.

(3) The affixing of the common seal of the Association must be witnessed by any two of the President, the Secretary and the Treasurer.

(4) The common seal of the Association must be kept in the custody of the Secretary or of such other person as the Committee from time to time decides.

25.    INSPECTION OF RECORDS, ETC OF THE ASSOCIATION

A member may, at a mutually agreed time, inspect without charge the books, documents, records and
securities of the Association.

26.    DISPUTES AND MEDIATION

(1)     The grievance procedure set out in this rule applies to disputes under these rules between:-

a)     A member and/or registered player and the Association.

b)     Non-members or non registered players and the club.

(2)     The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.

(3)     If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that
meeting, then the parties must, within 10 days, hold a meeting in the presence of a mediator.

(4)     The mediator must be:-

a)     a person chosen by agreement between the parties; or

b)     in the absence of agreement, a person appointed by the Committee;

(5)    A member of the Association can be a mediator.

(6)     The mediator cannot be a member who is a party to the dispute.

(7)     The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.

(8)     The mediator, in conducting the mediation, must:-

a)     give the parties to the mediation process every opportunity to be heard;

b)     allow due consideration by all parties of any written statement submitted by any party; and

c)     ensure that natural justice is accorded to the parties to the dispute throughout the
mediation process.

(9)     The mediator must not determine the dispute.

(10)     The mediation must be confidential and without prejudice.

(11)     If the mediation process does not result in the dispute being resolved, the parties may seek to
resolve the dispute in accordance with the Act or otherwise at law.

27.    DISCIPLINARY COMMITTEE

(1)     Complaints or disputes arising between members and/or registered players from training sessions, competition matches and social activities of the club may come under the Jurisdiction of a Disciplinary Committee from time to time.

a)     Complaints shall be made in writing to the Secretary and must be lodged within forty-eight hours of the alleged offence.

b)     Any registered player and/or member against whom a complaint has been lodged shall be notified by the Secretary, of the nature of such complaint and the date, time and place where such complaint will be heard. Notification will be given at least 7 days before the date of the hearing.

c)     Where a complaint involves a junior member or junior registered player, they are entitled to representation by any adult member to assist at the hearing.

d)     The Disciplinary Committee may consist of members and/or non members not involved in the dispute or complaint.

e)     In the event of a frivolous or vexatious complaint being made, the Committee has the
power to demand any expenses the club incur carrying out an investigation into the
complaint.

f)     The Disputes Committee shall have the power to fine, impose a good behavior bond,
expel or suspend any registered player or club member found to be in breach of the Rules and/or for such behavior which may have a detrimental effect on the club and/or its members and/or registered players.

g)     Members and/or registered players not appearing when summonsed to the Disputes
Committee hearing are automatically suspended from the activities of the club until such time they do appear before the Disputes Committee.

(2) Appeals:-

a)     An appeal shall be in writing addressed to the secretary of the club and must be received within 7 days after notification of the resolution of the Disciplinary Committee hearing.

b)     The Appeals Committee shall have jurisdiction to hear appeals by any member and or
registered player affected by the decision of the Disputes Committee or any other
Committee.

c)     Where an appeal involves a junior member and/or junior registered player they are entitled to representation by any adult member.

d)     The Appeals Committee shall consist of persons who did not sit at the dispute enquiries for that particular case.

e)     The decision of the Appeals Committee shall be both final and binding on all parties

f)     The secretary of the Committee shall communicate the decision of the Appeals Committee in writing to the appellant and to any person affected by the decision.

28.    FINANCE

(1)     All accounts due by the club shall be paid by cheque after having been passed for payment at the Committee meeting and when immediate payment is necessary, account/s shall be paid and the action endorsed at the next Committee Meeting.

(2)     The Secretary shall not spend more than a set amount of Petty Cash without the consent of the Committee and shall keep a record of such expenditure in a Petty Cash Book.

(3)     A statement showing the financial position of the club shall be tabled at each Committee Meeting by the Treasurer.

(4)     A statement of Income and Expenditure, Assets and Liabilities shall be attached to such financial report.

(5)     The financial year of the club shall commence on the 1st day of July each year.

(6)     The accounts, books and all financial records of the club may be audited each year.

(7)     The signatories to the club’s accounts will be any two (2] jointly of: –

a)     President

b)     Vice President

c)     Secretary

d)     Treasurer

e)     Registrar

29.    DISTRIBUTION OF SURPLUS PROPERTY ON WINDING UP OF THE ASSOCIATION

If, on the winding up of the Association, any property of the Association remains after satisfaction of the debts and liabilities of the Association and the costs, charges and expenses of winding up, that property shall be distributed:-

a)     to another club or association incorporated under the Act; or

b)     for charitable purposes which incorporated club or association or purposes, as the case
require, shall be determined by resolution of the members when authorizing and directing the Committee under section 33 (3) of the Act to prepare a distribution plan for the distribution of the surplus property of the Association