CONSTITUTION
1. Name
The name of the Association shall be the
St Ives Football Club Incorporated
(referred to in these rules as "the Association") (formerly St Ives Soccer Club, established 1958)
2. Objects
The objects of the Association, subject to the Association's Incorporation Act,1984, shall be:
a. to organise, control and foster the game of Soccer Football in the junior and senior grades.
b. to hire, rent, lease, purchase or otherwise acquire, maintain, develop grounds and facilities.
c. to buy, lease, rent, sell and generally deal in services, sporting equipment and/or materials, foodstuffs and beverages.
d. to join, affiliate with, amalgamate, or enter into partnerships or ventures with sporting bodies or
e. organisations to promote any type of sport or pastime.
f. to carry on all such activities as may be deemed necessary and desirable by the Management Committee to achieve the objects of the Association.
3. Membership
a. Subject to these rules the Members of the Association shall be the Members and Life Members of the Association immediately prior to incorporation together with such other people and organisations as the Committee admits to membership.
b. Membership is open to all individuals and organisations who accept the objects and rules of the Association. An unincorporated organisation is not capable of being a Member of the Association, but it may nominate individuals to be Members to represent it.
c. Individuals and organisations wishing to become Members of the Association shall apply to the Committee for membership by
i. completing the Association's membership application form or registration form, as applicable, and
ii paying the fees determined by the Association.
d. The parent or guardian signing the registration form in respect of a minor may, on payment of the registration fee in respect of that minor, become a member of the Association.
e. Upon payment of the registration fee, an adult player in respect of whom a completed registration form has been received, may become a member of the Association.
f. Without in any way limiting membership of the Association, no more than two non-playing persons from a family can be Members.
g. The Committee shall determine whether or not to accept an application for membership. The Committee is not required to supply reasons for accepting or rejecting an application for membership.
h. Members shall pay such fees as are determined by the Committee.
i. A Register of Members shall be kept by the Association showing the name, address and date of commencement of membership for each Member. Provision for noting the date of cessation of membership shall also be contained in the Register.
j. Membership fees shall fall due on the first day a February each calendar year.
k. Membership shall cease upon resignation, death, expulsion or failure to pay outstanding membership fees within three months of the due date.
l. The financial year of the Association shall run from 1 September to 30 August or such other period as is determined by the Committee.
m. The Committee may award life membership to Members in recognition of their work with the Association.
4. Members' Liability
The Members of the Association shall have no liability to contribute towards the payment of debts and liabilities of the Association or costs, charges and expenses of the winding up of the Association except to the amount of any unpaid membership fees.
5. Disciplining Members
1. Where the Committee is of the opinion that a Member of the Association:
a. has persistently refused or neglected to comply with a provision or provisions of these rules, or
b. has persistently and wilfully acted in a manner prejudicial to the interests of the Association the Committee may act as it sees fit.
2. Anyone who wishes to appeal against a decision refusing membership, expelling them from membership or otherwise disciplining them may do so at the next General Meeting of the Association.
6. Management by Committee
Subject to any resolution passed by the Association in General Meeting the Committee
a. shall control and manage the affairs of the Association
b. may exercise all such functions as may be exercised by the Association other than those functions that are required by these rules to be exercised by a General Meeting of the Association
c. has the 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 Association
d. the Management Committee shall determine 6 office bearer positions as is appropriate for the needs of the Committee. The positions may include but are not limited to President, Vice President, Secretary, Treasurer, Registrar and Recorder. There shall be up to six (6) other members of the Committee
e. The Office Bearers and other members of the Committee shall be elected at each Annual General Meeting. Nominations for the Office Bearers and other Members of the Committee may be made and accepted from the floor at the Annual General Meeting. If insufficient further nominations are received any vacant positions remaining on the Committee shall be deemed to be casual vacancies. Any casual vacancy occurring in the Committee may be filled by a Member appointed by the Committee
f. each member of the Committee shall hold office from the date of their election or appointment until the next Annual General Meeting.
g. retiring Committee members are eligible for re-election
h. the Committee shall meet as often as necessary to conduct the business of the Association but not less than three (3) times in each period of twelve (12) months
i. oral or written notice of a meeting of the Committee shall be given by the Secretary to each member of the Committee at least 48 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, however, notice of the Committee Meetings may be given at the previous Committee Meeting or by such other means as the Committee may decide upon
j. any six (6) members of the Committee, one of whom must be an Office Bearer, constitute a quorum for the transaction of the business of a meeting of the Committee.
k. a member of the Committee shall cease to hold office upon resignation in writing, removal as a Member of the Association, absence from three (3) successive Committee meetings without the prior approval by the Committee, cessation of membership or death
l. the Committee may function validly provided its number is not reduced below the quorum. Should Committee numbers fall below the quorum the remaining Committee members may act validly only to appoint new Committee members.
m. questions arising at any meeting of the Committee shall be decide by the majority of votes of those present. In case of an equality of votes the person chairing the meeting may have a second or casting vote.
n. if within half an hour of the time appointed for a Committee meeting a quorum is not present the meeting shall he dissolved
o. additional meetings of the Committee may be convened by the President or any two (2) members of the Committee.
7. General Meetings
a. An Annual General Meeting of the Association shall be held each year within six (6) months from the end of the financial year of the Association (except the first Annual General Meeting which shall be held within two (2) months from the end of the first financial year and within 18 months of incorporation)
b. The Committee may, whenever it thinks fit, convene a special General Meeting of the Association. A special General Meeting must be convened by the Committee within three (3) months of receiving a written request to do so from at least 5% of the membership of the Association
c. At least 14 days notice of all General Meetings shall be given to Members. In the case of General Meetings where a special resolution is to be proposed, notice of the resolution shall be given to Members at least 21 days before the meeting
d. In the case of the Annual General Meeting the following business shall be transacted:
i. confirmation of the Minutes of the last Annual General meeting and any other recent special General Meeting, since the last Annual General Meeting;
ii. receipt of the Committee's report upon the activities of the Association in the last financial year;
iii. receipt and consideration of a statement from the Committee which is not misleading and gives a true and fair view for the last financial year of the Association's
-income and expenditure
-assets and liabilities
-mortgages, charges and other securities
-trust properties
iv election bf the Office Bearers and other members of the Committee
e. The quorum for a General Meeting shall be six (6) Members present in person. If within half an hour of the time appointed for a General Meeting a quorum is not present the meeting shall be dissolved
f. Voting at General Meetings shall be by show of hands unless a secret ballot is demanded. Decisions shall be made by a simple majority vote except for those matters which must be decided by a special resolution where a three quarter majority is required
g. All votes shall be given personally and there shall be no voting by proxy
h. In the case of an equality of votes the person chairing the General Meeting may have a second or casting vote
i. Nominations of candidates for election as Office Bearers or other Committee Members may be made at the Annual General Meeting or in such other ways as may be determined by the Association at a General Meeting
j. Written notice of all General Meetings shall be given to Members personally, by post or deliver to the Member's last known address or e-mail address or by publication in the Association's Newsletter.
8. Office Bearers
a. The President, or in the President's absence, the Vice President, shall act as chairperson at each General Meeting of the Association
b. If the President and Vice President are absent from a Meeting or unwilling to act, the Members present at the Meeting shall elect one of their number to act as a chairperson
c. The Secretary shall ensure that the records of the business of the Association including the Rules, Register of Members, Minutes of all General and Committee Meetings and a file of all correspondence are kept. The records shall be available for inspection by any Member and shall be held in the custody of the Secretary
d. The Treasurer shall ensure that correct books and accounts including but not limited to Cash Book, Receipt Book, Cheque Book, Deposit Book and General Ledger are kept showing the financial affairs of the Association. These records shall be available for inspection by any Member and shall be held in the custody of the Treasurer.
9. Funds Management
a. Subject to any resolution passed by the Association in General Meeting, the funds of the Association shall be used in pursuance of the objects of the Association in such a manner as the Committee determines
b. all cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by any two Office Bearers or employees of the Association, being Members or employees authorised to do so by the Committee.
10. Review of Accounts
At each
a. the reviewer(s) shall be
elected at the Annual
General Meeting. They shall
examine all accounts, vouchers,
receipts, books, etc.,
and furnish a report
thereon to the
Members, at the subsequent
Annual General Meeting.
A review of the Annual Accounts must be conducted at regular
intervals of not more than twelve (12) months
b. a reviewer shall not be a member or closely
related to a member of the Committee.
c. more than one person may be nominated at the
d. Where an appropriately qualified person is
not available or cannot be found, a suitable person may be appointed by absolute
majority of those present at the
e. in the event of a casual vacancy, the
Committee may fill the position of reviewer(s), such party to hold the position
until the next Annual General Meeting.
f. Where more than 50% of those present call
for review by a qualified auditor this audit will replace the review of
accounts
g. Where a majority of those
present call for a review but the required 1/4 do not support any
candidate, and auditor shall be appointed.
h. Review requirements for the current year
may be varied by resolution at the
11. Special Resolution
a. A Special Resolution must be passed by a General Meeting of the Association to effect the following changes:
i. a change in the Association's name
ii. a change in the Association's rules
iii. a change in the Association’s objects .
iv. an amalgamation with another incorporated Association
v. to voluntarily wind up the Association and distribute its property
vi. to apply for registration as a Company or Co-Operative
b. a Special Resolution shall be passed in the following manner:
i. a notice must be sent to all Members advising that a General Meeting is to be held to consider a Special Resolution
ii. the notice must give details of the proposed Special Resolution and give at least 21 days notice of the Meeting
iii. a quorum must be present at the Meeting
iv. at least three quarters of those present must vote in favour of the Resolution
v. in situations where it is not possible nor practicable for a Resolution to be passed as described above, a request may be made to the Corporate Affairs Commission for permission to pass the Resolution in some other way.
12. Public Officer
a. The Committee shall ensure that a person is appointed as Public Officer.
b. The first Public Officer shall be the person who completed the application for incorporation of the Association
c. The Committee may at any time remove the Public Officer and appoint a new Public Officer provided the person appointed is 18 years of age or older and a resident of New South Wales
d. The Public Officer shall be deemed to have vacated his position in the following circumstances:
i death
ii resignation
iii removal by the committee or at a General Meeting
iv bankruptcy or financial insolvency
v mental illness
vi residency outside of
a. When a vacancy occurs in the position of Public Officer the Committee shall within 14 days notify the Corporate Affairs Commission by the prescribed form and appoint a new Public Officer.
b. The Public Officer is required to notify the Corporate Affairs Commission by the prescribed form in the following circumstances:
i appointment (within 14 days)
ii. a change of residential address (within 14 days)
ii a change of the Association’s objects or rules (within one (1) month)
iv a change in the membership of the Committee (within 14 days)
v a change in the Association's financial affairs (within one (1) month after the Annual General Meeting)
vi a change in the Association's name (within one (1) month)
c. the Public Officer may be an Office Bearer, Committee member, or any other person regarded suitable for the position by the Committee.
13. Miscellaneous
a. The Association shall effect and maintain insurance as is required under the Association's Incorporation Act together with any other insurance which may be required by law or regarded as necessary by the association.
b. The funds of the association shall be derived from the fees of members, sponsorship donations, grants and such other sources approved by the Association.
c. The Common Seal of the Association shall be kept in the custody of the Secretary and shall only be affixed to a document with the approval of the Committee. The stamping of the Common Seal shall be witnessed by the signatures of two (2) members of the Committee.
d. The Association may at any time pass a Special Resolution determining how any surplus property is to be distributed in the event that the Association should be wound up. The distribution of surplus property shall be in accordance with section 53 of the Associations' Incorporation Act, 1984.
e. Service of documents on the Association is effected by serving them on the Public Officer or by serving them personally on two (2) members of the Committee.
f. Notices sent by post shall be deemed to have been received two (2) days after the date of posting.
g. The income and property of the Association shall be used only for the promotion of the objects of the Association and shall not be paid or transferred to Members by way of dividend, bonus or profit.
This is the Constitution as amended by Special Resolution at the Annual General Meeting held on