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CONTENTS
1. NAME
2. POWERS OF ASSOCIATION
3. INTERPRETATION
4. DEFINITIONS
5. OBJECTS
6. NOT FOR PROFIT
7. LIABILITY OF MEMBERS
8. CLUB COLOURS
9. MEMBERSHIP
10. REGISTER OF MEMBERS
11. SUBSCRIPTIONS AND FEES
12. COMMITTEE
13. POWERS OF THE COMMITTEE
14. EXECUTIVE COMMITTEE
15. TERM OF OFFICE
16. CASUAL VACANCY
17. DUTIES OF THE PRESIDENT
18. DUTIES OF THE VICE PRESIDENT
19. DUTIES OF THE SECRETARY
20. DUTIES OF THE TREASURER
21. DUTIES OF THE REGISTRAR
22. DUTIES OF THE CHIEF COACH
23. DUTIES OF THE CHIEF UMPIRE
24. DUTIES OF THE TBAWA DELEGATE
25. DUTIES OF THE UNIFORM OFFICER
26. DUTIES OF THE PROPERTY OFFICER
27. DUTIES OF THE SPONSORSHIP/FUNDRAISING/EVENTS CO-ORDINATOR
28. DUTIES OF THE CANTEEN CO-ORDINATOR
29. DUTIES OF THE SOFTBALL CO-ORDINATOR
30. DUTIES OF THE LITTLE LEAGUE CO-ORDINATOR
31. REMOVAL FROM OFFICE
32. MEETINGS AND QUORUMS
33. HOLDING OF AGM
34. SPECIAL GENERAL MEETING
35. VOTING RIGHTS
36. PROXIES OF MEMBERS OF THE CLUB
37. CHANGING RULES OF THE ASSOCIATION
38. INSPECTION OF BOOKS AND RECORDS
39. DISPUTES AND MEDIATION
40. DISTRIBUTION OF SURPLUS PROPERTY ON WINDING UP OF THE CLUB
1. NAME
The name of the Club shall be Yangebup Knights Junior Ball Club Incorporated.
2. POWERS OF ASSOCIATION
To do all such acts and things as are incidental, conducive or subsidiary to achieve all or any of the objects of the Club.
3. INTERPRETATION
Any matter covered in these Rules that is not clear and concise in its presentation can be referred to the Committee, who shall provide the sole interpretation, which will be enacted as though it was written in these Rules.
INTERPRETATION IN THESE RULES:
A reference to a function includes a reference to a power, authority and duty;
A reference to the exercise of a function includes, where the function is a power, authority or duty, a reference to the exercise of the power or authority or the performance of the duty;
Words importing the singular include the plural and vice versa;
Words importing any gender include the other genders;
References to persons include corporations and bodies politic;
References to a person include the legal personal representatives, successors and permitted assigns of that person;
A reference to a statute, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them (whether of the same or any legislative authority having jurisdiction); and
A reference to “writing” shall unless the contrary intention appears, be construed as including references to printing, lithography, photography and other modes of representing or reproducing words in a visible form, including messages sent by electronic means.
EXPRESSIONS IN ACT
Except where the contrary intention appears in these Rules, an expression that deals with a matter dealt with by a particular provision of the Act has the same meaning as that provision of the Act.
4. DEFINITIONS
In these rules, unless the contrary intention appears-
“AGM” means the Annual General Meeting;
“ballot” means the process of voting in relation to a matter that is conducted in writing, whether in person by show of hands, by post or electronic means;
“convene” means to call together for a formal meeting;
“department” means the government department with responsibility for administering the Associations Incorporation Act (2015);
financial year” means a period commencing on 1st March and ending on the last day in February the following year;
“financial statements” means the financial statements in relation to the Club required under section 68 of the Act;
“general meeting” of the Club, means a meeting of the Club that all members are entitled to receive notice of and to attend;
“member” means member of the Club;
“ordinary resolution” means resolution other than a special resolution;
“player” means a person under 16yrs of age playing for the club;
“poll” means voting conducted in written form (as opposed to a show of hands);
“Special General Meeting’’ means a general meeting of the Club other than the annual general meeting;
‘’Special Resolution’’ means a resolution passed by the members at a general meeting in accordance with section 51 of the Act;
“the Act” means the Associations Incorporation Act 2015
“the Club” means the incorporated association referred to in these Rules;
“the Commissioner” means the person being designated as the Commissioner under section 153 of the Act;
“the President” means the President referred to in these Rules;
“the Registrar” means the Registrar referred to in these Rules;
“the Secretary” means the Secretary referred to in these Rules;
“the Treasurer” means the Treasurer referred to in these Rules;
“the Vice President” means the Vice President referred to in these Rules.
5. OBJECTS
1.1 Promote and develop Teeball in the City of Cockburn and surrounding areas.
1.2 Become affiliated with the state peak body, Tee-Ball Association of Western Australia (Inc) and reflect the objects and purposes of TBAWA.
1.3 Promote and develop transition pathways of Junior Softball and Little League Baseball.
1.4 Become affiliated (when required) with the softball and baseball state peak bodies, Softball WA and Baseball WA.
6. NOT FOR PROFIT
The property and income of the Club must be applied solely towards the promotion of the objects or purposes of the Club and no part of that property or income may be paid or otherwise distributed, directly or indirectly, to any member of the Club, except in good faith in the promotion of those objects or purposes.
7. LIABILITY OF MEMBERS
The liability of members of the Club is limited to their own outstanding membership fees payable under these rules.
8. CLUB COLOURS
The colours of the club shall be Black, Gold, Grey and White and designed in such a manner as the Committee determines.
9. MEMBERSHIP
The association shall consist of the following members.
A. Member
Upon payment of the prescribed fees, full membership shall be granted to any person sixteen (16) years of age or older. This includes the nominated Adult of any child registered to play with the Club.
B. Life Member
Life membership may be granted to a member or past member who has given exceptional service to the Club. Life membership (limit of 2 per financial year) is to be awarded at the AGM upon recommendation of the committee. Life members have full voting rights.
ACCEPTANCE OF MEMBERSHIP
Members acknowledge and agree that:
In accepting membership of the Club, agree to be bound by the conditions of these Rules, and any By Laws or Codes of Conduct properly approved by the Committee.
These Rules constitute an agreement between each of them and that they are bound by the Rules and in turn, the rules of TBAWA.
They shall comply with and observe these Rules and the rules of TBAWA and any determination, resolution or policy that may be made or passed by the Committee or any duly authorized committee or other entity with delegated authority;
By submitting to these Rules and the rules of TBAWA, they are subject to the jurisdiction of the Club and TBAWA.
These Rules and the Rules of TBAWA are necessary and reasonable for promoting the objects of the Association and particularly the advancement and protection of Teeball as a sport; and
They are entitled to all the benefits, advantages, privileges and services of membership of the Club, TBAWA, Softball WA and Baseball WA.
TERMINATION OF MEMBERSHIP
A member may be disqualified or suspended at any time by the Committee or by the provisions of these Rules.
Any member may terminate their membership at any time by submitting a resignation in writing to the Club. The termination is subject to any monies owing having been paid in full as outlined in rule 11.
10. REGISTER OF MEMBERS
KEEPING OF REGISTER
The Club shall keep and maintain a register in which shall be entered (as a minimum) such information as is required under the Act from time to time.
Members shall provide notice of any change in required details to the Club within one (1) month of such change. Any change to the register will be recorded within twenty-eight (28) days of the change occurring.
For the purposes of the Act, the players are participants of the Club and their nominated Parent/Guardian is registered as a Member of the Club.
INSPECTION OF REGISTER
Upon the request of a member of the Club, the Registrar shall make the register available for the inspection, free of charge and the member may take an extract from the register but shall have no right to remove the register for that purpose.
The Club may require any member who wishes to view the register, to provide a statutory declaration setting out the purposes for viewing the register and declaring that the purpose relates to the affairs of the Club.
11. SUBSCRIPTIONS AND FEES
The annual membership subscription (if any) and fees payable by Members (or any category of Members) to the Club, the basis of, the time for and manner of payment shall be as determined by the Committee.
Any Member which or who has not paid all monies due and payable by that Member to the Club shall (subject to the Committee’s discretion) have all rights under these Rules immediately suspended from the expiry of the time prescribed for payment of those monies. Such rights will be suspended until such time as the monies are fully paid.
In the meantime, the Member shall have no automatic right to resign from the Club, and shall be dealt with in the Committee’s discretion, which includes the right to expel, suspend, disqualify, fine, discipline or retain that Member as a Member, or impose such other conditions or requirements as the Committee considers appropriate.
12. COMMITTEE
The affairs of the Club will be managed exclusively by the Committee and consist of the following office holders, all of whom must be members of the Club.
A. President
B. Vice President
C. Secretary
D. Treasurer
E. Registrar
F. Chief Coach
G. Chief Umpire
H. TBAWA Delegate
I. Uniform Officer
J. Property Officer
K. Sponsorship/Fundraising/Events Co-Ordinator
L. Canteen Co-Ordinator
M. Softball Co-Ordinator
N. Little League Co-Ordinator
The first five (5) office holders will be classed as Executive Committee members.
No member of the Committee shall hold more than three (3) office positions on the Committee and may not vote in more than one (1) capacity.
Should a member require leave of absence, the Committee may appoint a deputy for the period of absence, if necessary.
Under the Act, a member is prohibited from sitting on the Committee of an incorporated association (without prior approval by the Commissioner) if they:
a) are an undischarged bankrupt or their affairs are under insolvency laws;
b) have been convicted of an offence in connection with the promotion, formation or management of a body corporate;
c) have been convicted of an offence involving fraud or dishonesty punishable on conviction by at least three months or more imprisonment; or
d) have been convicted of an offence under Division 3 (the duties of officers’ provisions) or section 127 (the duty with respect to incurring of debt) of the Act.
Where a person is prohibited because they have been convicted of an offence they cannot be a committee member for a period of five years from their conviction, except where the conviction resulted in imprisonment, in which case they cannot be a committee member for five years from their release from custody.
13. POWERS OF THE COMMITTEE
a) shall control and manage the affairs of the Club.
b) shall be subject to the Act, these rules, the by-laws and to any resolution passed at a general meeting.
The Committee shall be elected at each AGM of the Association.
A committee member is entitled to be paid out of the funds of the club for any out-of-pocket expenses for travel or accommodation properly occurred relating to the Club’s business.
ELECTION OF THE COMMITTEE
Nomination of candidate for election to a position on the Committee shall be forwarded to the Secretary four (4) weeks prior to the Annual General Meeting at which the election is to take place.
If only one nomination is received for a position, and the member is eligible of election, the person nominated shall be declared elected.
If there are no nominations received, then nominations will be called for from the members attending the AGM.
If there is more than one nomination received for a position, a ballot shall be conducted at the AGM in such usual and proper manner as the members present direct.
In the event of a ballot, the candidate receiving the highest number of votes cast shall be declared elected.
14. EXECUTIVE COMMITTEE
The Executive Committee shall consist of the President, Vice-President, Secretary, Treasurer and Registrar.
The Executive Committee shall be the signatories on all Club bank accounts, with any two (2) needing to authorise any payments.
Should any urgent matters arise, and it is impractical to refer the matter to the Committee, the Executive Committee shall have the power to deal with such matters.
The President shall seek the opinion of all available Executive Committee members and shall act in such matter as the majority of such members approve.
In the event of there being no majority, the President shall call a meeting of the Executive Committee to resolve the matter.
Records and Minutes of Executive Committee decisions and meetings respectively shall be presented at the Committee meeting by the Secretary.
15. TERM OF OFFICE
The term of office of a committee member begins when the member
a) is elected at an AGM or
b) is appointed to fill a casual vacancy under rule 16
A committee member holds office until the positions of the committee are declared vacant at the next AGM and shall be eligible for re-election.
16. CASUAL VACANCY
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 AGM next following the date of the appointment and shall be eligible for re-election.
For the purpose of these Rules, a casual vacancy in the office of a member of the Committee occurs if a member:
a) dies or otherwise ceases to be a member of the Club
b) resigns office by notices in writing given to the Secretary or President
c) is removed from office
17. DUTIES OF THE PRESIDENT
The President shall:
a) preside at all general, executive and special meetings of the Club and the Committee and preserve order so that business may be conducted with propriety and due form.
b) carry out such duties as stated in the By-Laws and as directed by the Committee.
18. DUTIES OF THE VICE PRESIDENT
The Vice President shall:
a) attend all meetings of the Committee and the Club.
b) in the absence of the President, assume the responsibilities, rights and privileges given to the President for the duration of the meeting.
c) carry out such duties as stated in the By-Laws and as directed by the Committee.
d) deputise in all functions where directed by the president.
19. DUTIES OF THE SECRETARY
The Secretary shall:
a) attend all meetings of the Executive and the Club.
b) keep a record of the attendees and the proceedings of all the committee meetings.
c) keep a record of the attendees and the proceedings of all the general meetings.
d) forward, within 14 days, after a General Meeting or AGM, the minutes to all members of the Club.
e) ensure the safe custody of the non-financial books and records of the Club.
f) carry out such duties as stated in the By-Laws and as directed by the Committee.
20. DUTIES OF THE TREASURER
The Treasurer shall:
a) attend all meetings of the Committee and Club.
b) ensure that all money due to the Club is collected, receipted and banked and that all payments authorised by the Club are made.
c) ensure that correct books 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.
d) present Financial Statements to each AGM.
e) ensure the safe custody of any financial books and records of the Club.
f) carry out such duties as stated in the By-Laws and as directed by the Committee.
21. DUTIES OF THE REGISTRAR
The Registrar shall:
a) attend all meetings of the Committee and Club.
b) maintain and keep a Register of Members.
c) carry out such duties as stated in the By-Laws and as directed by the Committee.
22. DUTIES OF THE CHIEF COACH
The Chief Coach shall:
a) attend meetings of the Committee and Club when required.
b) co-ordinate the coach’s allocation to teams and any coaches training required.
c) carry out such duties as stated in the By-Laws and as directed by the Committee.
23. DUTIES OF THE CHIEF UMPIRE
The Chief Umpire shall:
a) attend meetings of the Committee and Club when required.
b) co-ordinate any umpires training required.
c) carry out such duties as stated in the By-Laws and as directed by the Committee.
24. DUTIES OF THE TBAWA DELEGATE
The TBAWA Delegate shall:
a) attend all meetings of the Committee and Club.
b) attend all TBAWA meetings when required and report back matters arising to the Club.
c) carry out such duties as stated in the By-Laws and as directed by the Committee.
25. DUTIES OF THE UNIFORM OFFICER
The Uniform Officer shall:
a) attend meetings of the Committee and Club when required.
b) maintain and keep a register of uniforms belonging to the Club.
c) carry out such duties as stated in the By-Laws and as directed by the Committee.
26. DUTIES OF THE PROPERTY OFFICER
The Property Officer shall:
a) attend meetings of the Committee and Club when required.
b) maintain and keep a register of equipment belonging to the Club.
c) carry out such duties as stated in the By-Laws and as directed by the Committee.
27. DUTIES OF THE SPONSORSHIP/FUNDRAISING/EVENTS CO-ORDINATOR
The Sponsorship/Fundraising/Events Co-Ordinator shall:
a) attend all meetings of the Committee and Club.
b) act as a liaison with the Club and any Sponsors.
c) carry out such duties as stated in the By-Laws and as directed by the Committee.
28. DUTIES OF THE CANTEEN CO-ORDINATOR
The Canteen Co-Ordinator shall:
a) attend meetings of the Committee and Club when required.
b) co-ordinate the setting up and running of the canteen.
c) carry out such duties as stated in the By-Laws and as directed by the Committee.
29. DUTIES OF THE SOFTBALL CO-ORDINATOR
The Softball Co-Ordinator shall:
a) attend meetings of the Committee and Club when required.
b) attend all Softball WA and/or Winter Competition meetings when required and report back matters arising to the Club.
c) co-ordinate the setting up and/or running of the softball team(s).
d) carry out such duties as stated in the By-Laws and as directed by the Committee.
30. DUTIES OF THE LITTLE LEAGUE CO-ORDINATOR
The Little League Co-Ordinator shall:
a) attend meetings of the Committee and Club when required.
b) attend all Baseball WA and/or Little League WA meetings when required and report back matters arising to the Club.
c) co-ordinate the setting up and/or running of the baseball team(s).
d) carry out such duties as stated in the By-Laws and as directed by the Committee.
31. REMOVAL FROM OFFICE
The Club at a general meeting called for that purpose and by way of resolution may remove any member of the Committee from office 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. The resolution must be carried by at least seventy five (75) percent of votes cast.
Where a member of the Committee to whom a proposed resolution relates makes representations in writing to the Secretary and requests that these representations be notified to the members of the Club, the Secretary or the President shall 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 to be read out at a meeting at which the resolution is considered.
A member aggrieved with the resolution at a general meeting shall have the right within fourteen (14) days of the decision to appeal to the Committee.
32. MEETINGS AND QUORUMS
Meetings of the Committee shall be held at such times and intervals as the Committee shall decide but must be a minimum of six (6) times in a financial year.
Additional meetings of the Committee may be convened by the President or by any two members of the Committee.
Oral or written notice of a meeting of the Committee shall be given by the Secretary to each member of the Committee at least 24 hours (or such other period as may be unanimously agreed upon by the members of the Committee) before the time appointed for the holding of the meeting.
Notice of a meeting shall specify the general nature of the business to be transacted at the meeting.
Any five (5) members of the Committee shall constitute a quorum for the transaction of business at a meeting of the Committee.
Under section 42 of the Act a member of the Committee who has a material personal interest in a matter being considered at a meeting must: As soon as he or she becomes aware of that interest, disclose the nature and extent of his or her interest to the Committee; Disclose the nature and extent of the interest at the next general meeting of the association.
Under section 42(3) of the Act, this rule does not apply in respect of a material personal interest that exists only because the member-
a) is an employee of the Club; or
b) is a member of a class of persons for whose benefit the Club is established; or
c) that the member has in common with all, or a substantial proportion of, the members of the Club.
Under section 43 of the Act a member of the Committee who has a material personal interest in a matter being considered at a meeting of the Committee must not be present while the matter is being considered at the meeting or vote on the matter.
Under section 42(6) of the Act the Club must record every disclosure made by a Committee member of a material personal interest in the minutes of the meeting at which the disclosure is made.
33. HOLDING OF AGM
Any fifteen (15) members personally present (being members entitled to vote under these rules at a general meeting) shall constitute a quorum for the conduct of business at a general meeting.
AGM BUSINESS
The AGM of the Club shall be convened on such date and at such time and place as the Committee sees fit, within 6 months after the expiration of the Financial Year of the Club.
The Secretary shall give four (4) weeks’ notice in writing and include the date/time/venue of the AGM to all members of the Club.
In addition to any other business which may be transacted at an AGM, the business of the AGM shall be –
a) to confirm the Minutes of the preceding AGM and of any Special General Meeting held since that meeting.
b) to receive from the President, a report on the activities of the Club during the preceding Financial Year.
c) to receive from the Treasurer, a financial statement for the preceding Financial Year.
d) to elect Life Members (if any)
e) deal with other business brought before the Meeting.
All Members must be financial to be eligible to vote on matters arising at an AGM.
34. SPECIAL GENERAL MEETING
The Committee may, whenever it thinks fit, convene a Special General Meeting of the Club.
The Committee shall, on the requisition in writing of 20% of full members, convene a Special General Meeting of the Club.
A requisition for a Special General Meeting –
a) shall state the purpose or purposes of the meeting
b) shall be signed by the members making the requisition(s)
c) shall be lodged with the Secretary, and
d) may consist of several documents in a similar form, each signed by one or more of the members making the requisition.
If the Committee fails to convene a Special General Meeting to be held within one (1) month after the date on which the requisition 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 no later than three (3) months after that date.
A Special General Meeting convened by a member or members shall be convened as nearly as is practicable in the same manner as general meetings are convened by the Committee.
Only the business specified in the notice is to be conducted at a Special General Meeting.
35. VOTING RIGHTS
In determining the majority of voting in instances specified in these rules, the term ‘votes cast’ shall mean all members present and eligible to vote at the meeting, and who record a positive, negative or abstaining vote.
No member may vote in more than one capacity.
Any member not able to be present at a General Meeting may choose to cast their vote on any matter in writing provided it is received by the Secretary prior to the General Meeting.
Voting on all motions and appointments shall be made by a ballot and shall be a simple majority of votes cast unless otherwise stated in these Rules.
Financial members shall have the power to vote at all duly constituted general meetings of the Association.
36. PROXIES OF MEMBERS OF THE CLUB
A member (in this rule called “the appointing member”) may appoint in writing another member who is a natural person to be the proxy of the appointing member and to attend, and vote on behalf of the appointing member at any general meeting.
37. CHANGING RULES OF THE ASSOCIATION
The statement of objects and these Rules may be altered, rescinded or added to only by a special resolution of the Club.
These Rules may only be repealed, altered, amended or any new article added by a vote of seventy five (75) percent of votes cast at an AGM or Special General Meeting called for that purpose.
The Secretary shall give four (4) weeks’ notice in writing of such amendment and the date/time/venue of the meeting to all members of the Club.
38. INSPECTION OF BOOKS AND RECORDS
The records, books and other documents of the Club shall be open to inspection free of change, by a member of the Club where the request has been made in writing to the Committee.
The Committee may refuse to release for inspection information which:
a) may be defamatory; or
b) contains personal details about a member; or
c) it deems must remain confidential because of its nature.
The member may copy of or take an extract from a record or document but does not have a right to remove the record or document for that purpose. All associated costs with copies or extracts will be paid by the member.
39. DISPUTES AND MEDIATION
The grievance procedure set out in this rule applies to disputes between
a) members; or
b) one or more members and the Club
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.
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.
The mediator must be-
a) a person chosen by agreement between the parties; or
b) in the absence of agreement-
I. in the case of a dispute between a member and another member, a person appointed by the Committee;
II. in the case of a dispute between a member and the Club, a person who is a mediator appointed to, or employed with, a not for profit organization.
A member of the Club can be a mediator.
The mediator cannot be a member who is a party to the dispute.
The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
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.
The mediator must not determine the dispute.
The mediation must be confidential and without prejudice.
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.
40. DISTRIBUTION OF SURPLUS PROPERTY ON WINDING UP OF THE CLUB
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 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.