HILLS RAIDERS BASKETBALL ASSOCIATION
C O N S T I T U T I O N
SECTION 1 – NAME:
This organisation, herein after referred to as “the Association” shall be known as the “Hills Raiders Basketball Association”.
SECTION 2 – HEADQUARTERS:
The Headquarters of the Association shall be situated at the Mundaring Hardcourts, Mundaring Weir Road, Mundaring. The postal address to be PO Box 210, Mundaring.
SECTION 3 – OBJECTS:
3.1 a) to encourage, manage, promote and control basketball in the Shire of
- b) to foster strong community affiliations and attitudes in our local competitions.
- c) to act, either alone or with other individuals and bodies, in the interest of sport generally.
SECTION 4 – MANAGEMENT:
The regulation, control and conduct of all business of the Association shall be vested in the Management Committee and with such powers and subject to such limitations as are herein after prescribed.
SECTION 5 – MEMBERSHIP:
5.1 The Association shall consist of members, being:-
- a) Honorary Life Members
- b) Honorary Members
- c) Affiliated Clubs
- d) Registered Players
- e) Officers of the Association
- f) Non Playing Members
each having the respective rights and privileges herein after described and bound by the Rules, Procedures and Guidelines set by the Association.
a) Life Members:
i) A Life Member shall be anyone who has been elected as such prior to the adoption of these rules.
ii) The Management Committee may recommend any person for Honorary Life Membership in consideration for special services rendered to the Association. Such person so recommended may be elected to such Honorary Life Membership by members of the Association at a special General Meeting or Annual General Meeting.
iii) An Honorary Life Member shall be entitled to the rights and privileges to the Association as may be from time to time determined by the Management Committee.
b) Honorary Members:
The Management Committee shall have the right to admit persons to Honorary Membership of the Association. Such Honorary Members shall be entitled to rights and privileges as may be determined by the Management Committee. The duration of such Honorary Membership shall be for a period not exceeding one year.
c) Affiliated Clubs:
i) Any Club desirous of becoming an affiliated Club must make application in accordance with the by-laws of the Association.
ii) Such application must be lodged on the form Appendix B with the Administrator on or before such a date each year as may be decided upon by the Management Committee.
iii) Such Clubs seeking affiliation shall pay to the Association the affiliation fees determined by the Management Committee due and payable on or before the third playing date of the forthcoming season.
d) Registered Players:
i) For the purpose of this section, a registered player shall be one who has completed the relevant Association registration together with the annual registration fee and has been accepted by the Administrator or President.
ii) Any applicant for registration as a player, who resides beyond the Shire of Mundaring and who currently plays in any other organised basketball association, must not play in any game before being notified officially of acceptance by the Management Committee. Such notice shall be given within seven (7) days of application.
e) Officers of the Association:
i) Any person elected or appointed in the appropriate manner to an official position in the Association automatically becomes a member of the Association.
ii) Any person providing a substantive service to the Association on a voluntary basis automatically becomes a member of the Association for the term of that service.
f) Non Playing Members:
Any person who is not a registered player may apply to the Administrator or President of the Association for Membership under this section. An annual registration fee as determined by the Management Committee, will be payable on or before the third playing date of the season.
5.3 Members fees shall be due and payable on or before the third playing date of the forthcoming season.
5.4 Affiliated Clubs and members of the Association unfinancial as at the third (3rd) playing date of each season shall be denied the right to participate in any competition organised by the Association and shall be denied the right to vote at any meeting of the Association.
5.5 Admission of affiliated Clubs unfinancial from the previous season shall be decided by the Management Committee.
SECTION 6 – EXPULSION OR SUSPENSION OF MEMBERS:
6.1 The Management Committee may seek to suspend or expel a member for serious breaches of the Association’s Rules or behaviour damaging to the standing or reputation of the Association.
6.2 Once aware of such transgression the President and Administrator shall determine what form of investigation follows e.g. a panel, sole investigator or Management Committee inquiry; and the schedule for conducting the investigation.
6.3 Any investigation is to begin at the earliest possible time, allowing at least 7 days for parties to prepare their submissions
6.4 The Administrator will give the member notice of the place, time and date of the meeting to adjudicate the matter.
6.5 The member may attend the meeting investigating the issue and be accompanied by a representative.
6.6 Investigating bodies sitting to consider and determine disputes must give all parties, or their representative, reasonable opportunity to present oral and/or written submissions about the matter.
6.7 The member shall be informed in writing of the decision of the meeting by the Administrator without delay, and within 7 days.
6.8 The right to appeal may be granted by the Management Committee when an appeal accompanied by new evidence is lodged in writing and received by the Management Committee within 14 days of the decision having been passed to the appellant.
6.9 In the event of a member being expelled all rights and privileges, as well as any subscriptions paid, will be forfeited.
6.10 A suspended member loses all rights and privileges for the term of suspension, and is not entitled to any pro rata repayment of any subscriptions paid.
SECTION 7 – MEDIATION & DISPUTE RESOLUTION
7.1 The procedures set out in this Section apply to disputes and grievances
(a) between members of the Association; or
(b) between one or more members and the Association.
7.2 The parties to a dispute must attempt to resolve the dispute between them informally within 14 days after the dispute has come to the attention of each party. This shall be the first recourse in any dispute or grievance. The Association may need to assist by identifying relevant parties and providing contact details.
7.3 If after 7 days there is little prospect of resolution of a dispute or grievance the Association may offer an officer to assist in mediating the dispute or grievance should the parties think this helpful.
7.4 Mediation will not be chosen as the resolution process where :-
a) an offence or action is subject to a prescribed penalty.
b) an offence or action contrary to the rules of basketball occurs during the course of a fixture game
c) the Association seeks to cancel or suspend the membership of a party or parties to a conflict.
7.5 At all stages of resolution a mediator may be a member or former member of the Association but must not have a personal interest in the matter being mediated and must be impartial to all parties involved.
7.6 In all mediation processes the mediator must
(a) give each party every opportunity to be heard
(b) allow each party adequate time to consider written statements from other parties
(c) ensure natural justice is given to all parties
7.7 Mediators do not determine the matter under consideration
7.8 All mediation shall be confidential
7.9 Matters not resolved by informal processes proceed to formal grievance resolution
a) by written notice at the instigation of any party to the dispute
b) by the Association in matters where the Rules, By-laws or standing and reputation of the Association have been compromised
7.10 The President and Administrator, or the Complaints Officer, as the responsibility lies shall determine what form of investigation follows e.g. a panel, sole investigator, (compulsory) mediation, Management Committee inquiry; and the schedule for conducting the investigation.
7.11 The Administrator shall give all parties to the dispute written notice of the process and schedule to be followed at least 7 days before the process is to begin.
7.12 Investigating bodies sitting to consider and determine disputes must give all parties, or their representative, reasonable opportunity to present oral and/or written submissions about the dispute.
7.13 All parties to a dispute or grievance shall be notified in writing the determination of the matter within 7 days of the sitting to determine the matter.
7.14 If the dispute is between one or more members and the Association any party to the dispute may request the dispute be determined by a mediator.
7.15 Appointments related to clause 7.14 shall be by mutual agreement of the parties or otherwise be a person who acts as a mediator for another not-for-profit body.
7.16 The costs of mediation are to be paid by the party or parties who requested the appointment of the mediator.
7.17 A party to a dispute or grievance determined by other than mediation may, within 14 days of receiving notice of that determination appeal to the Administrator requesting the appointment of a mediator under rules 7.14, 7.15.
SECTION 8 – ELECTION OF OFFICERS:
8.1 a) There shall be elected at the Annual General Meeting each year :
- b) No one member shall hold more than one elected position.
8.2 The Chairman of the Annual General Meeting shall have the power on the night of the meeting, to call for nominations for the positions as shown in paragraph one (1) of this section.
8.3 Every person, so nominated, should be a current financial member of the Association, and should personally consent to such nomination.
8.4 Should it be desired to nominate a person not at the meeting, the nomination shall be in writing in accordance with Form attached hereto and marked A.
8.5 The nominator and seconder of every nominee shall be a financial member of the Association or Club fully affiliated herewith.
8.6 Should there be more candidates than the required number, the Chairman of the Annual General Meeting shall conduct a Ballot on the night of the meeting, in order to determine the Officers to be elected. The Chairman may decide the issue on a show of hands from the members present.
8.7 Should nominations be less than the required number of nominations to fill all vacancies on the Committee, the vacancies may be filled at the first or any subsequent meetings of the Committee.
8.8 In the event of an equality of votes, the Chairman may exercise a casting vote.
SECTION 9 – PATRON:
A patron may be appointed by the Management Committee for the current financial year at the first Management Meeting following the Annual General Meeting and will be entitled to the rights and privileges as may be from time to time determined by the Management Committee.
SECTION 10 – PRESIDENT :
The President, who shall be elected in the manner prescribed, shall hold office from one Annual General Meeting to the next Annual General Meeting. The President shall preside at all meetings of the Association which the President attends and shall, on all ceremonial occasions, represent the Association.
SECTION 11 – VICE PRESIDENT:
The Vice President shall hold office from one Annual General Meeting to the next Annual General Meeting. In the absence of the President from a meeting or ceremonial occasion, the Vice President shall act for the President. In the event of neither being present at a duly convened meeting, a Chairman shall be elected from the members in attendance.
SECTION 12 – ADMINISTRATOR:
12.1 The position of Administrator shall be advertised if and when the position becomes vacant for any reason and a new Administrator appointed by the Management Committee.
12.2 The Administrator shall be responsible to the President of the Association, but will generally act on the instruction from the Management Committee.
12.3 The Administrator shall be required to attend all meetings of the Association.
12.4 The Administrator may speak on matters under discussion at meetings attended, but will not be entitled to a vote.
12.5 The Administrator will receive an Honorarium.
12.6 The terms and rate of payment for the Administrator will be determined by the Management Committee.
SECTION 13 – REFEREES CO-ORDINATOR:
13.1 The Referees Co-ordinator will be appointed by the Management Committee.
13.2 The Referees Coordinator shall be a member of the Management Committee with full voting rights. If the Referee’s Coordinator has not been elected to the Committee then they shall be appointed by the Management Committee.
13.3 The Referee’s Coordinator will receive an honorarium as determined by the Management Committee.
SECTION 14 – PUBLICITY OFFICER:
The Publicity Officer will be elected by the Management Committee. The Publicity Officer will hold office for twelve (12) months from the date of appointment. The Publicity Officer will receive an honorarium and fulfil their duties as determined by the Management Committee.
SECTION 15 – MANAGEMENT COMMITTEE:
15.1 The Management Committee shall consist of President, Vice President, Administrator, Treasurer, Secretary, Property Officer, Referees Co-ordinator and up to 8 ordinary members.
15.2 The powers of the Management Committee shall be :-
a) To provide for the organisation and control of basketball within the Association.
b) To authorise the raising of funds by the following means:-
i) Affiliation Fees
ii) Membership Fees
v) Fixed Term Debentures
vi) Social Activities
vii) Public Donations
c) To affect such affiliations with amateur sporting organisations and bodies as may be deemed desirable and to appoint delegates to represent the Association at any meetings or conferences conducted by such organisations.
d) To establish, amend or repeal such by-laws or standing orders as may be necessary for the conduct of the business or competition activities of the Association.
e) To approve the representation of the Association in amateur basketball competitions, carnivals or exhibitions as may be determined desirable and advisable for that purpose.
f) To determine the of appointment of:-
ii) To determine strength and make up of teams and administrative personnel.
iii) To determine in the case of touring groups, the amount of team quota to be contributed by team members.
- f) i) To establish a Protest and Disputes Board consisting of at least three(3) members. The terms of reference to be determined by the Management Committee at the time of appointment.
- ii) To establish an alternative procedure and appoint arbitrators or mediators for the resolution of any conflict or dispute between parties of the Association or breach of Association Rules.
- g) i) To refer any member of the Association, it considers has breached Association standards to the Protests and Disputes Board or an alternative process for the resolution of conflicts.
- ii) To apply and enforce penalties recommended by those bodies appointed to investigate breaches of the Rules and conflicts or disputes.
- h) To appoint a Grounds Manager, Gate Personnel, Canteen Management
and any other officials that may be necessary.
- i) To determine the rates of pay and conditions for all referees appointed to
control games conducted by the Association.
15.3 The Management Committee shall meet at least once every four (4) to six (6) weeks. The first Management Committee Meeting to be conducted within one (1) month of the Annual General Meeting each year.
15.4 The President shall be empowered to call additional meetings of the Management Committee as and when required.
15.5 The attendance of at least one half of the Management Committee members shall constitute a quorum.
15.6 All members shall be entitled to an equal vote, except the President who shall have a casting vote only.
15.7 The Administrator of the Association shall be secretary of the Management Committee.
15.8 At least seven (7) days’ notice of meetings shall be given to members of the Management Committee.
15.9 A person is excluded from being on the Committee (without special approval by the Commissioner for Consumer Protection) if they :-
- Are bankrupt or their affairs are under insolvency laws.
- Have been convicted of an indictable offence in relation to the formation or management of a body corporate in the last 5 years.
- Have been convicted of an offence involving fraud or dishonesty punishable by at least 3 months imprisonment in the last 5 years.
- Have been convicted of an offence under the Act, where a person has allowed an association to operate while insolvent in the last 5 years.
SECTION 16 – ANNUAL GENERAL MEETING :
16.1 The Annual General Meeting shall be held within six (6) weeks of August 1st each year.
16.2 The order of business at the Annual General Meeting shall be :-
- a) Chairperson declares meeting open.
- b) Chairperson welcomes Members, guests and special guests.
- d) Minutes of last AGM.
- e) Correspondence addressed to the AGM
- f) President’s Annual Report.
- g) Treasurer’s Annual Financial Statement.
- h) Election of Office Bearers.
- i) Special AGM business.
- j) Close of meeting.
16.3 Every Annual General Meeting shall be convened by circular or other means and shall give at least fourteen (14) days’ notice of the meeting and shall contain the day, hour, business and place of the meeting. Notices will be sent to Secretaries of all affiliated clubs and will be expected to ensure at least one (1) member per team attends such meeting. Failure to do so may result in de-registration.
16.4 Voting at the Annual General Meeting shall be by show of hands but any five (5) members present may demand a poll which shall forthwith be taken by secret ballot and a result declared by the Chairman. In the case of an equality of votes, the Chairman shall have a casting vote. In the case of a ballot the Chairman and Administrator shall act as scrutineers.
16.5 Fifteen (15) members shall constitute a quorum at the Annual General Meeting.
16.6 No person other than the members of the Association shall be entitled to vote at the Annual General Meeting.
16.7 In the event of a quorum not being present thirty (30) minutes after the advertised or notified time of commencement of the meeting, the meeting shall be adjourned to a date fourteen (14) days thereafter.
16.8 In the case of a quorum still not being present at the later meeting the members who are present in person or by proxy may nevertheless proceed with the business of that meeting as if a quorum was present.
SECTION 17 – SPECIAL GENERAL MEETING:
17.1 Special General Meeting shall be convened under the following circumstances:-
- a) Whenever in the opinion of the majority of members of the Management
Committee, such a meeting is necessary.
- b) Upon receipt of the Management Committee of a request for such a
meeting in writing signed by a minimum of fifteen (15) financial members.
17.2 Notice of such a Special General Meeting shall be given in accordance with the provisions under Section 16.3.
17.3 No business shall be transacted at any Special General Meeting except the business stated in the form of notice convening the meeting.
17.4 Voting shall be in accordance with the provisions of Section 16 paragraphs 4, 6 and 7.
17.5 Fifteen (15) members shall constitute a quorum at any Special General Meeting.
17.6 In the case of a quorum still not being present at a later meeting as in 16.7, the Members who are present in person or by proxy may nevertheless proceed with the business of that meeting as if a quorum was present.
SECTION 18 – ASSOCIATION ADMINISTRATOR:
18.1 The Administrator shall take charge of all books and documents of the Association The Administrator shall be responsible for the compilation of all records of the Association and shall at all times be directly responsible for the entries in the various books of the Association, of all things done for, or on behalf of the Association.
18.2 The Administrator shall furnish to the Management Committee, on demand, a complete report of all matters, transactions or things relating to the affairs of the Association over which the Administrator may have control, or of which the Administrator may have knowledge.
18.3 The Administrator shall convene all meetings of the Management Committee and all other meetings of the Association.
18.4 The Administrator shall keep a record of names and either residential, postal or email address of its members.
18.5 The Administrator shall be authorised to operate a petty cash account in accordance with a system determined by the Management Committee.
18.6 The Administrator shall be assisted in all Secretarial duties by the Secretary at the discretion of the Administrator.
18.7 The Administrator shall keep a register of all portable property belonging to the Association, as supplied by the Property Officer at the end of each financial year. Whenever property is issued, the Property Officer will have the recipient sign for the property. On return the signature of the Property Officer, in the register, will discharge that person’s responsibility for the property.
SECTION 19 – ASSOCIATION TREASURER:
19.1 The Treasurer shall:-
- a) Have the charge and custody of all monies belonging to the Association and shall pay all monies received by the Association, to the Associations bank account.
- b) Submit to each and every meeting of the Management Committee a statement of Receipts and Expenditure covering the period to the end of the calendar month preceding the meeting.
- c) Be an authorised signatory on all financial records for Hills Raiders Basketball Association.
- d) Make all payments authorised by the Management Committee.
- e) All payments to be made by cheque or via internet banking, signed and/or authorised by two (2) Executive Committee members.
- f) Keep proper records showing the Associations financial transactions.
- g) Issue numbered receipts for all money received from any source. The Treasurer may authorise any Management Committee member to issue such receipts.
- h) Furnish to the Management Committee at the Annual General Meeting, a detailed report of the Associations Financial position. Such a report shall be accompanied by a balance sheet and statements of accounts duly audited and certified by the Association Auditor.
19.2 All cheques shall be signed by any two (2) of the following: President, Vice President, Administrator and Treasurer of the Association. Cheques made payable to the order of the Association shall be signed by the President, Vice President, Administrator or Treasurer.
19.3 All accounts of the Association shall be open to inspection at such times and by such persons as may be determined by the Management Committee.
19.4 The Associations Financial Year shall commence on the first day of July in each year and terminate on the thirtieth day of June in each year.
SECTION 20 – AUDITOR:
20.1 An auditor, not being a registered playing member or financial member of the Association shall be appointed, engaged, by the Management Committee, such appointment or engagement to be completed within one (1) month of the Annual General Meeting in each year.
20.2 The auditor shall :-
- a) Examine all books and accounts of the Association immediately after the expiration of each financial year and certify as to the correctness of the balance sheet and statements of receipts and expenditure.
- b) Have access to all books and accounts of the Association.
- c) Be entitled to examine all Office Bearers of the Association in regard to accounts of the Association.
- d) Be authorised to obtain from any bank, statements showing the balance of Association accounts.
- e) Make such audits as may from time to time be ordered by the Management Committee. Such auditors reports shall be submitted to the Annual General Meeting.
SECTION 21 – ALTERATION TO CONSTITUTION:
21.1 These rules shall come into operation on the first day of October, two thousand and seventeen, and all rules and by-laws in operation prior to that date are hereby repealed.
21.2 This constitution may be amended or repealed at any Annual General Meeting or Special General Meeting, provided that notice of any proposed alteration shall be in the hands of the Administrator in writing at least fourteen (14) days prior to such a meeting.
21.3 A copy of every new rule or amendment to the Constitution shall be posted or emailed to every Club or member of the Association in possession of a copy of the Constitution.
21.4 Should any dispute arise as to the interpretation of these rules or the sense of intention or these rules, or should the ruling of the Chairman in regard to the interpretation of these rules be dissented from; such a dispute or objection shall be referred to a Special General Meeting, whose decision shall be final and binding in all cases.
SECTION 22 – COMMON SEAL
22.1 The common seal of the Association must not be used without the express authority of the Management Committee and every use of that common seal must be recorded in the minutes.
22.2 The affixing of the common seal of the Association must be witnessed by any two of the President, the Administrator and the Treasurer.
22.3 The common seal of the Association must be kept in the custody of the Administrator.
SECTION 23 – DISTRIBUTION OF PROPERTY ON WINDING UP OF 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 that winding up, the property shall be distributed :
- a) To another incorporated Association or Associations having objects similar to those of this Association; or
- b) For charitable or benevolent purposes which incorporated Association(s) or purposes, as the case requires shall be determined by resolution of the Members when authorising and directing the Committee under 33 (3) of the Act to prepare a plan for the distribution of the surplus property of the Association.
SECTION 24 – GENERAL:
24.1 Honorarium – The Association, at any Management Committee Meeting, Annual General Meeting or Special General Meeting, may award such Honorarium it considers fit for voluntary services rendered to or for the Association.
24.2 Copy of Rules – A copy of the Constitution and By-Laws of the Association shall be supplied to every member of the Association on demand.
24.3 Publications – The Association may publish a journal or magazine or some form of publication for the purpose of furthering the objects of the Association. The policy of the publication, shall be determined by the Management Committee, and controlled by an elected Officer of the Association.
24.4 Circulars or Notices to Members – A copy of all circulars and/or notices forwarded to members at their last known address shall be kept and will be considered prima facie evidence that such notice or circular has been received by a member.
24.5 Property and Income – The property and income of the Association shall be applied solely towards the promotion of the objects of the Association and no part of the property or income may be paid or otherwise distributed, directly or indirectly, to members, except in good faith in the promotion of those objects.
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