The Hastings Valley Netball Association Inc. Constitution

The Hastings Valley Netball Association Inc. Constitution1. Title:The name of the Association shall be the “HASTINGS VALLEY NETBALL ASSOCIATIONINCORPORATED” (hereinafter referred to as the “Association”)2. Colours:The colours of the Association shall be Black, Sky Blue and White.3. Headquarters:The Association’s Headquarters shall be at Macquarie Park, Grant Street, PORTMACQUARIE.4. Boundaries:The boundaries of the Association shall be those of the (See attached map)5. Objects:The objects of the Association shall be to:5.1. further the interest of its members, and promote and control the game of netball within theboundaries of the Association.5.2. select and manage Association Representative teams.5.3. co-operate with other affiliated Organisations in New South Wales (NSW) for thefurtherance of Netball.5.4. Affiliate with and support the New South Wales Netball Association Limited (NetballNSW).5.5. promote, regulate and control competition matches between affiliated clubs and to controlall premierships of the Association.5.6. be a court of appeal in the case of a dispute connected with Netball in the area controlled bythe Association.6. Patron:The Association may from time to time appoint one or more Patrons and may also cancel anysuch appointment.7. Membership:7.1. The Association is the controlling body for Netball within its boundaries and its authorityshall be recognised by all members who shall adopt and obey this Constitution, PoliciesProcedures of the Association.7.1 The Association may admit to membership Ordinary members and Junior Members asdefined by the Articles of Association of Netball NSW.7.2 A Junior Member shall, on attaining the age of 18 years, cease to be a Junior Member andbecome an Ordinary Member.7.3 A Junior Member shall not be entitled to be a member of, or attend, or vote at, any meetingof the Council of the Association, or to act as a delegate of the Association at any meeting.7.4 The Council may reject any application for membership without assigning any reasontherefore.7.5 Membership is open to:Affiliated clubs who consist of one or more teams and shall have full rightsof delegation to Council as provided for in Clause 11 “Council” comprising- ordinary members of NSWNA Ltd;- junior members of NSWNA Ltd; andHastings Valley Netball Association 1March 2009Constitution

- Life Members;7.6 Life Members7.6.1 Any person may be elected a Life Member of the Association in recognition ofoutstanding service to the Association for such minimum period as the Councildeems appropriate.7.6.2 Candidate for election as Life Members shall be nominated by two financial (2)members of Council and to be received at one (1) month before the date set down forthe Annual General Meeting.7.6.3 The nomination must be approved by a majority of at least two-thirds (2/3) of themembers present and voting at an Annual General Council meeting. Council may,by resolution from time to time, fix the maximum number of persons who may atany time hold Life Membership.7.6.4 An Active Life Member shall be entitled to attend all meetings and shall have fullvoting rights. An active member shall be a member who participates in club orassociation business.8 Register of Members:8.1 The Association shall establish and maintain a register of members of the Associationspecifying name and address of each person who is a member of the Association, togetherwith the date on which the person became a member.8.2 The register of members shall be kept at the principle place of administration of theAssociation and shall be open for inspection, free of charge, by any member of theAssociation at any reasonable hour.9 Fees, Levies etc.:9.1 The fees, levies etc. to be paid by members, shall be determined by resolution of Council atits Special Council Meeting in November.10 Members Liability:10.1 The liability of a member of the Association to contribute towards the payment ofdebts and liabilities of the Association or the costs, charges and expenses of the winding upof the Association is limited to the amount, if any, unpaid by the member in respect ofmembership of the Association.11 Council:11.1 Council shall consist of:11.1.1 The Office Bearers of the Association;11.1.2 Active Life Members; and11.1.3 Two (2) delegates from each Affiliated Club who are ordinary members of that Club(one of whom should be a member of that Club’s Executive Committee).11.2 The Club Secretary shall notify the Secretary of the Association of the names andaddresses of delegates at least seven (7) days prior to the first Council meeting each year.Persons appointed to Council shall assume office at the conclusion of the Annual GeneralMeeting, shall hold office for the ensuing year.11.3 Any casual vacancy shall be filled by a nominee of the affiliated club whose delegatehas caused the vacancy.11.4 Notwithstanding the provisions of Clause 11.3 a club has the right to withdraw adelegate and appoint another delegate in that delegate’s place.12 Powers of Council:The Council shall be responsible for the execution of the objects of the Association andwithout in anyway limiting this responsibility shall have power to:Hastings Valley Netball Association 2March 2009Constitution

12.1 Control and manage the affairs of the Association;12.2 Make or amend Rules and Policies & Procedures not inconsistent with thisConstitution.12.3 Fix fees payable by members and enforce payment thereof;12.4 Control funds of the Association and for that purpose to:12.4.1 Open and operate banking accounts.12.4.2 Invest funds in any manner authorised by law for the investment of trust funds.12.4.3 Acquire real and personal property of all descriptions and sell or otherwise disposeof it.12.4.4 Borrow money on behalf of the Association and obtain security therefore.12.4.5 Enter into guarantees of indebtedness on behalf of any affiliated club.12.4.6 Generally to carry out and attend to all such matters as shall be necessary for theproper management and control of the proper management and control of theproperty of the Association.12.5 Appoint two (2) delegates to represent the Association on the Council of New SouthWales Netball Association Limited;12.6 To appoint any delegate or delegates to represent the Association for any purposewith such powers as may be thought fit;12.7 Take disciplinary action pursuant to this Constitution and/or Policies & Proceduresagainst any Club or member, and the Council may delegate it its disciplinary powers toadjudicate upon disputes in respect of office bearers, association officials, player(s), team(s),spectator(s), and/or Club officials(s) (which includes coach, manager, scorer or umpire) toeither a Disputes Committee or a Disciplinary Committee and/or an Appeals Committee12.8 Ensure that the Secretary of the Association forwards to Netball NSW on or before 1January in each year the Association affiliation fee and by 1 April in each year, a listshowing the names and addresses of existing members of Netball NSW together with thenames and addresses of new applicants for Netball NSW membership, who have paid theirannual membership fee.12.9 Ensure that supplementary lists with the names and addresses of additionalapplicants for Netball NSW membership are forwarded on the 1 st day of each month toNetball NSW. All such lists shall differentiate between classes of members. With each listthere shall be forwarded a cheque to cover the total payable membership fees by the personsso listed. Upon receipt by Netball NSW of each list and payment of the membership fee forthe persons whose names appear therein, those persons shall be deemed to have renewedtheir membership until 31 March next.13 Council Meetings:13.1 The Council shall meet at least six (6) times each year on dates to be fixed by Council.At least three of these meetings shall be held at not less than monthly intervals betweenFebruary and August inclusive.13.2 The President shall take the Chair at all meetings and in the President’s absence theChair shall be taken by the Senior Vice President.13.3 If neither the President nor Senior Vice President is present within thirty (30)minutes of the time fixed for the commencement of the meeting, the members present shallelect a Chairperson.13.4 Not less than seven (7) days’ written notice shall be given specifying the time and placeof the meeting of Council, and any special business to be dealt with, other than that setout in the Constitution.13.5 The accidental omission to give any member the required notice shall not invalidatea meeting or any of the business of the meeting.Hastings Valley Netball Association 3March 2009Constitution

13.6 A quorum shall consist of at least 6 of the Association Office Bearers and delegatesrepresenting at least one quarter (1/4) of the affiliated clubs.13.7 If no quorum is present within thirty (30) minutes after the time fixed for thecommencement of the meeting, it shall be adjourned to such a time and place as theChairperson shall decide.13.8 The Secretary shall give written notice thereof to each member of Council and to theSecretary of each affiliated club.13.9 Each eligible member (including Office Bearers) shall have one (1) vote to be takenin such manner as the Chairperson shall direct, except that a secret ballot shall be taken ifany member requests it.13.10 In the case of equality of votes, the President shall, in addition, have a casting vote.13.11 There shall be no voting by proxy.13.12 At each meeting each delegate present shall sign an attendance book and thatdelegate shall be a member of the Club they represent.13.13 A delegate may represent one club only at any meeting.13.14 A delegate must be an Ordinary Member.13.15 Order of Business at Council Meetings shall be:i) Apologiesii) Confirmation of Minutesiii) Business arising from Minutesiv) Notice of Motionsv) Electionsvi) Correspondence and business arisingvii) Reports- Executive CommitteeTreasurerLiaison Officer (if sub-groups operating)Coaching ConvenorUmpires’ ConvenorSub-Committees reportsDelegates to other OrganisationsAny other reportsviii) General Business14 Special General Meetings:14.1 A Special General Meeting may be called by the President and Secretary or at therequest of two or more Clubs.14.2 Not less than 21 written days notice shall be given to each Office Bearer, LifeMember and the Secretary of each affiliated club, specifying the time and place of a SpecialGeneral Meeting and the nature of business to be considered.14.3 The accidental omission to give any member such notice shall not invalidate themeeting nor any of the business of the meeting.14.4 A quorum for a Special General Meeting shall consist of at least one-half of theOffice Bearers and at least one-half of the delegates.14.5 No business other than that specified in the notice shall be dealt with at a SpecialMeeting of Council.14.6 Each member of council shall have one vote to be taken in such manner as thePresident shall direct, and in the event of an equality of votes, the President shall in additionhave a casting vote.14.7 There shall be no voting by proxy.Hastings Valley Netball Association 4March 2009Constitution

14.8 Each delegate present at a Special General Meeting of the Council shall sign anattendance record and that delegate shall be a member of the club they represent.14.9 A delegate may represent one Club only at any Special General Meeting.14.10 If no quorum is present thirty (30) minutes after the time fixed for thecommencement of the meeting, it shall be adjourned to such time and place as theChairperson shall decide.14.11 The Secretary shall give the required notice of the postponed meeting as specified inclause 13.8.15 Extraordinary Meetings:15.1 Extraordinary Meetings shall be called by the Secretary at the direction of thePresident, or on a requisition signed by not less than one quarter of the members of theCouncil.15.2 Not less than 21 written days notice shall be given to the Secretary of each affiliatedclub, specifying the time and place of an Extraordinary Meeting of Council, and the natureof business to be considered.15.3 The accidental omission to give any member such notice shall not invalidate themeeting nor any of the business of the meeting.15.4 A quorum for an Extraordinary Meeting shall consist of at least one-half of theOffice Bearers and at least one-half of the delegates representing at least one half of theaffiliated clubs.15.5 No business other than that specified in the notice shall be dealt with at anExtraordinary Meeting of Council.15.6 Each member of council shall have one vote to be taken in such manner as thePresident shall direct, and in the event of an equality of votes, the President shall in additionhave a casting vote.15.7 There shall be no voting by proxy.15.8 Each delegate present at an Extraordinary Meeting of the Council shall sign anattendance record and that delegate shall be a member of the club they represent.15.9 A delegate may represent one Club only at any Extraordinary Meeting.15.10 If no quorum is present thirty (30) minutes after the time fixed for thecommencement of the meeting, it shall be adjourned to such time and place as theChairperson shall decide.15.11 The Secretary shall give the required notice of the postponed meeting as specified inclause 13.8.16 Annual General Meeting:16.1 The Annual General Meeting shall be held on the third Tuesday of March each year.16.2 All financial members may attend but voting shall be restricted to Office Bearers,Active Life Members and two delegates from each club, who shall be members of that club.Each voting member shall have one vote which shall be taken in a manner as theChairperson shall direct except that a secret ballot shall be taken if any member requests it.16.3 Each voting member shall have one vote which shall be taken in a manner as theChairperson shall direct except that a secret ballot shall be taken if any member requests it.16.4 There shall be no voting by proxy.16.5 The business of the Annual General Meeting shall be the:16.5.1 Confirmation of the minutes of the previous Annual General Meeting;16.5.2 The consideration and adoption of the Annual Report and the audited Balance Sheet;16.5.3 appointment of an auditor for the ensuing year;16.5.4 such other business as the meeting thinks fit (pertaining to AGM);16.5.5 election of Office Bearers.16.5.6 election of Standing Committees.Hastings Valley Netball Association 5March 2009Constitution

16.6 Office Bearers and members of Sub-committees appointed at the Annual GeneralMeeting shall assume office at the conclusion of the Annual General Meeting and shall holdoffice for the ensuing year.16.7 Not less than twenty-one (21) days’ notice of the Annual General Meeting of theAssociation shall be given to each Office Bearer, Life Member and to the Secretary of eachaffiliated club A copy of the Annual Report and audited Balance Sheet shall accompanysuch notice.16.8 A copy of the Annual Report and audited Balance Sheet shall accompany suchnotice.16.9 The accidental omission to give any member such notice shall not invalidate themeeting nor any of the business of the meeting.16.10 At the Annual General Meeting of the association at least one-half of the OfficeBearers and at least one-half of the delegates shall constitute a quorum.16.11 If no quorum is present 30 minutes after the time fixed for the commencement of themeeting, it shall be adjourned to such time and place as the Chairman shall decide.16.12 The Secretary shall give members written notice thereof.16.13 The President shall take the chair at the Annual General Meeting of the Association.16.14 In the President’s absence the Chair shall be taken by the Senior Vice-President.16.15 If neither the President nor the Vice-President is present within 30 minutes of thetime fixed for the commencement of the meeting, the members present shall elect aChairperson.17 Executive Committee:17.1 The ballot for the election of the Office Bearers to form the Executive Committeeshall take place at the conclusion of the business of the Annual General Meeting.17.2 The following Office Bearers shall be elected:17.2.1 President17.2.2 Secretary17.2.3 Treasurer17.2.4 Senior Vice President / Representative Co-ordinator (Logistics)17.2.5 Junior Vice President / Representative Co-ordinator (Financial)17.2.6 Minute Secretary17.2.7 Senior Registrar17.2.8 Junior Registrar17.2.9 Publicity Officer17.2.10Umpire Convenor17.2.11Coaching Coordinator17.3 Candidates for election, nominated and seconded by two Ordinary Members shall belodged with the Association Secretary.17.4 Existing Office Bearers shall be eligible for re-election.17.5 To be eligible for nomination for the Executive Committee a nominee must be anOrdinary member of Netball NSW.17.6 The President of the Association shall not hold the position of President of anaffiliated Club.17.7 No person shall be elected to more than one position on the Executive Committee.17.8 The Executive Committee shall exercise the functions and powers of the Councilbetween meetings of Council and its decisions shall be subject to ratification by Council atits next meeting.17.9 At least six members of the Executive Committee shall constitute a quorum.Hastings Valley Netball Association 6March 2009Constitution

17.10 The Executive Committee may be empowered by Council to take disciplinary actionpursuant to this Constitution against any member of an affiliated Club or any individualmember.17.11 The Club or member concerned shall have the right of appeal within seven days ofthe date of notification of the disciplinary action to be taken.17.12 A vacancy of the Executive Committee shall be filled by Council.17.13 A vacancy shall be deemed to have occurred in respect of any member who hasfailed to attend three consecutive scheduled meetings of the Association (excludingExtraordinary Meetings) without reasonable grounds, which shall be determined by theExecutive Committee.17.14 No Office Bearer shall be entitled to receive remuneration for any services as such.18 Meetings Executive Committee:18.1 Regular Executive Meetings shall be set by the Office Bearers throughout the year.18.2 Should it be necessary to call additional meetings, all Office Bearers shall be notifiedat least forty-eight (48) hours prior to the meeting being held.18.3 Should a quorum of the Executive Committee be present, an emergency meetingmay be convened.19 Sub-Committees:19.1 The ballot for election of standing committees shall be held following the election ofoffice bearers at the AGM.19.2 The following sub-committees shall be elected each year:19.2.1 Fixtures19.2.2 Grading19.2.3 Selection19.2.4 Umpires19.2.5 Canteen19.2.6 Carnival19.2.7 Social19.3 The council may from time to time appoint such additional sub-committee as itthinks fit, and define the functions thereof.19.4 The President, Secretary and Treasurer of the Association shall be ex-officiomembers of all sub-committees.19.5 Each sub-committee shall submit a written report to each meeting of Council forratification.19.6 Each Sub-Committee shall only manage such business as is allocated to it by thecouncil.20 Finance:20.1 Source of funds - the funds of the Association shall be derived from membershipfees of members, playing and other fees and donations, levies and, subject to any resolutionpassed by the Association in general meeting, such other sources as the ExecutiveCommittee determines.20.2 The banking accounts of the Association shall be kept at a Bank approved by theCouncil and all cheques operating on the accounts shall be signed by any two (2) of thefollowing Office Bearers: President, Secretary, and Treasurer.20.3 The Financial year of the Association shall commence on the 1 st January andconclude on the 31 st December each year.20.4 All current bank statements shall be tabled at each meeting of Council, together witha written financial report.Hastings Valley Netball Association 7March 2009Constitution

20.5 The books of the Association shall be audited each year by a qualified person who isnot a member of the Association.20.6 All Netball New South Wales fees shall be paid by the due date.21 EMPLOYEES22.1 The Executive Committee will appoint and determine the terms of employment of allemployees to the Association. The category of each employee will be defined by the ExecutiveCommittee and ratified by Council. Any employee shall not be an elected member of theAssociation’s Executive Committee.22 Common Seal:22.1 The common seal of the Association shall be kept in the custody of the AssociationSecretary who will act as Public Officer.22.2 The common seal shall not be affixed to any instrument except by the authority ofthe Executive Committee and affixing of the common seal shall be attested by the signatureseither of two (2) members of the Executive Committee or of one (1) member of theExecutive Committee and of the Public Officer or Secretary.23 Custody of Books:Except as otherwise provided by these rules, all records, books, Common Seal Registrar andother documents relating to the Association shall be kept under the custody or control of thePublic Officer.24 Inspection of Records:The books of account and members roll and minute book of the Association shall be open toinspection free of charge, by a member of the Council at any reasonable time.25 Enforcement of Constitution:25.1 The authority of the Association shall extend to, and be recognised by, all affiliatedClubs and individual members.25.2 The Council may delegate its powers to deal with and adjudicate upon all questions,and disputes as to the interpretation of the Constitution, Rules, Polices & Procedures andupon any complaint made to it of misconduct detrimental to the policy, interest or welfare ofthe association by any Club or member to whom this Constitution and/or Policies &Procedures applies.25.3 The Council may caution, suspend, fine or expel from membership for such a periodas it thinks fit any affiliated club, member who shall willfully infringe any provision of theConstitution and/or Policies & Procedures of the Association, or who shall, in the opinion ofthe Council, be guilty of conduct unbecoming of a Club or member, or prejudicial to theinterests of the Association. Where such matter is to be considered by Council, the Club ormember concerned shall have an opportunity of giving orally or in writing any explanationor defence the Club or member considers appropriate.25.4 The Disciplinary Committee shall consist of the President and two other ExecutiveCommittee members. In the event that the President is deemed to have a conflict of interestbased on natural justice and therefore inappropriate to hear the matter the Senior Vice-President will be seconded. The disciplinary Committee may, as circumstances dictate,cause an investigation to be conducted by an independent person.25.5 The Disciplinary Committee shall investigate any matter referred to it arising fromany written complaint made against an Association member or official. The decision toconduct a Disciplinary Committee hearing is normally confined to matter of a non playingnature.Hastings Valley Netball Association 8March 2009Constitution

25.6 The Disputes committee shall comprise the President or another member of theExecutive Committee, a representative of the Umpires’ Committee, a representative fromeach of two Clubs not involved in the dispute, plus one other member appointed by thePresident or Senior Vice-President, or such other persons as the Council shall determinefrom time to time.25.7 Either the Disputes Committee or the Disciplinary Committee shall investigate anymatter referred to it arising from any incident(s) involving a player(s), team(s), spectator(s),and/or Office Bearer(s) and /or Club Official(s) (which includes coach, scorer or umpire) atany event under the control of the Association.25.8 The Appeals Committee shall comprise three members of the Executive Committee,or three members of the Association or a combination of Executive and Associationmembers, appointed by the Executive Committee, who were not involved in theDisciplinary Committee or Disputes Committee hearing, or such other persons as theCouncil shall determine from time to time.26 Alteration to Constitution, Policies & Procedures and Standing Orders:26.1 This Constitution, the Policies & Procedures or Standing Orders of the Associationmay be altered by special resolution passed by a majority of at least three quarters (3/4) ofthe members present and voting at the AGM or Special General Meeting of the Associationof which not less than twenty one (21) days’ written notice specifying the resolution/s to beproposed has been given.26.2 Any Alteration made to the Constitution, Policies & Procedures or Standing Ordersof the Association shall be forwarded to the New South Wales Netball Association Limitedwithin twenty-eight (28) days of the meeting at which such alteration was made.27 Dissolution of the Association:27.1 The Association shall not be dissolved except by a special resolution passed by amajority of at least three quarters (3/4) of the members present and voting at a SpecialGeneral Meeting of the Association of which not less than twenty one (21) days’ writtennotice specifying resolution to be proposed has been given.27.2 On dissolution of the Association, any property whatsoever remaining after thedetermination and settlement of all debts and liabilities shall be paid or transferred to NewSouth Wales Netball Association Limited to be used in the promotion of Netball within theboundaries of the area referred to in Clause 4.******************Date approved by District AssociationSignature of SecretaryDate approved by New South WalesNetball Association LimitedSignature of Secretary……………………………………..……………………………………..………………………………………………………………………………Hastings Valley Netball Association 9March 2009Constitution

Attachment:Hastings Valley Netball Association 10March 2009Constitution