Constitution
Statement of Purposes and Constitution
The name of the proposed incorporated association is Sunshine Y.C.W. Cricket Club Incorporated.
The purposes for which the proposed incorporated association is established are:
To promote the physical, mental, moral and social well being of young people in the district of Sunshine or elsewhere, by the provision of facilities and other activities.
To establish, maintain and conduct club rooms, gymnasiums, meeting places or other sporting and recreational facilities for the attainment of these purposes.
To purchase, take lease or in exchange, hire or otherwise acquire any real or personal assets which may be deemed necessary or convenient for any of the purposes of the club.
To co-operate and associate with kindred organizations and bodies.
To do all other things as are incidental or conductive to the attainment of the aforesaid purposes.
Name
The name of the incorporated association is “Sunshine Y.C.W. Cricket Club Incorporated” the club shall be sponsored by Our Lady’s Youth Centre, Sunshine.
Interpretation
2. (1) In these rules, unless contrary intention appears:-
“Committee” means the committee of management of the Association.
“Financial Year” means the years ending on the 31st March
“General Meeting” means a general meeting of members convened in accordance with rule 11.
“Member” means all categories of membership of the Association.
“Ordinary Member of the Committee” means a member of the committee who is not an officer of the Association under Rule 21.
“The Act” means the Association Incorporation Act 1981.
“The Regulations” means the regulations under the Act.
(2) In these rules, a reference to the secretary of the association is a reference:-
where the person holds office under these rules as secretary of the association – to that person; and
in any other case, to the public officer of the Association.
(3) Words or expressions contained in these rules shall be interpreted in accordance with the provisions of the Acts Interpretation Act 1958 and the Act as in force from time to time.
Members and Conditions of Membership
3(A) Categories of Membership
Ordinary Member
Any gentlemen over the age of eighteen years who are actively involved in the playing, promotion, management or operation of cricket shall be qualified to be elected as an ordinary member.
Lady Member
Any lady over the age of eighteen years shall be qualified to be elected as a lady member.
Junior Member
Any person under the age of eighteen years but exceeding the minimum age set from time to time by the committee shall be eligible to be elected as a junior member.
Life Member
Those present at the annual meeting shall have the power to elect 2 life members each year from the names submitted in writing from a member not less than 28 days prior to the annual meeting. Such memberships may be awarded to those in recognition of special meritorious service rendered to the Club. Life members shall be appointed by a three quarter majority at the annual meeting and allowed all the privileges of members of the Club.
Social Member
The committee may at its discretion elect any person as a social member.
Honorary Member
The committee may at its discretion elect honorary members to the club who shall be entitled to the same privileges and responsibilities as a club member. The period of honorary membership is to be determined by the committee.
3(B) Application, Election of Members
A natural person who is nominated and approved for membership as provided in these rules is eligible to be a member of the association on payment of the entrance fee and annual subscription payable under these rules.
A person who is not a member of the association at the time of incorporation of the Association (or who was such a member at that time but ceased to be a member) shall not be admitted to membership:-
unless he is nominated as provided in sub-clause (iii); and
admission as a member is approved by the committee
A nomination of a person for membership of the association:-
shall be made in writing in the form set out in Appendix 1; and
shall be lodged with the secretary of the Association
As soon as is practicable after the receipt of a nomination the secretary shall refer the nomination to the committee.
Upon a nomination being referred to the committee, the committee shall determine whether to approve or to reject the nomination.
Upon a nomination being approved by the committee, the secretary shall, with as little delay as possible notify the nominee in writing that membership of the association is approved and request payment within a period of 28 days after receipt of the notification of the sum payable under these rules as the entrance fee and the first years subscription.
The secretary shall, upon payment of the amounts referred to in sub –clause (6) within the period referred to in that sub-clause, advise the registrar who will enter the nominees name in the register of members kept by him and, upon the name being so entered, the nominee becomes a member of the association.
A right, privilege, or obligation of a person by reason of membership of the association:-
is not capable of being transferred or transmitted to another person;
terminates upon the cessation of membership whether by death or resignation or otherwise.
3(C) Entitlements of Members
All ordinary, lady, social and life members are entitled to hold office, vote on the election of members of the committee or vote at any meeting of the association.
Junior members and honorary members shall not be entitled to hold office, vote on election of members of the committee or vote at any meeting of the association.
All categories of membership shall be subject to the relevant restrictions and by-laws passed or laid down by the committee from time to time in relation to one or more of categories.
Entrance Fee and Annual Subscription
The annual subscription and entrance fees payable by all categories of members shall be fixed by members at the annual general meeting.
The committee may subject to any direction from the members in a general meeting, in its discretion waive (either wholly or in part), the payment of any entrance fee by:-
a former member who is rejoining the association; or
a lady member who is the spouse of a member
If in the event entrance fees and annual subscriptions are not set at the annual general meeting, then the entrance fees and annual subscriptions from the previous year shall apply until such time as the next general meeting is held.
All subscriptions shall be payable on or before the first day of December in each year.
Register of Members
The secretary shall keep and maintain a register of members in which shall be entered the full name, address and date of entry of the name of each member and the register shall be available for inspection by members at the address of the public officer.
6 Resignation and Expulsion of Member
A member of the association who has paid all moneys due and payable by the member to the Association may resign from the Association by first giving one months notice in writing to the secretary of his intention to resign and upon the expiration of that period of notice, the member shall cease to be a member.
Upon expiration of a notice given under sub-clause (1), the registrar shall make in the register of members an entry recording the date on which the member by whom the notice was given, ceased to be a member.
7 (1) Subject to these rules, the Committee may by resolution:-
expel a member of the Association;
suspend a member from membership of the Association for a specified period; or
fine a member in accordance with The Regulations (ii), if the committee is of the opinion that the member –
has refused or neglected to comply with these rules; or
has been guilty of conduct unbecoming a member or prejudicial to the interests of the association.
(2) A resolution of the Committee under sub-clause (1):-
does not take effect unless the Committee, at a meeting held not earlier the 14 and not later than 28 days after the service on the member of a notice under sub-clause (3) confirms the resolution in accordance with this clause; and
where the member exercises a right of appeal to the Association under this clause does not take effect unless the Association confirms the resolution in accordance with this clause.
Where the committee passes a resolution under sub-clause (1), the secretary shall, as soon as practicable, cause to be served on the member a notice in writing:-
setting out the resolution of the committee and the grounds on which it is based;
stating that the member may address the committee at a meeting to be held not earlier than 14 and not later than 28 days after service of the notice;
stating the date, place and time of that meeting;
informing the member that he may do one or more of the following:-
Attend that meeting;
Give to the Committee before the date of that meeting a written statement seeking the revocation of the resolution;
Not later than 24 hours before the date of the meeting, lodge with the secretary a notice to the effect that he wishes to appeal to the Association in general meeting against the resolution.
(4) At a meeting of the Committee held in accordance with sub-clause (2), the Committee:-
shall give to the member an opportunity to be heard;
shall give due consideration to any written statement submitted by the member; and
shall by resolution determine whether to confirm or revoke the resolution.
(5) Where the secretary receives a notice under sub-clause (3), he shall notify the Committee and the Committee shall convene a general meeting of the Association to be held within 21 days after the date on which the secretary received the notice.
(6) At a general meeting of the Association convened under sub-clause (5):-
no business other than the question of the appeal shall be transacted;
the Committee may place before the meeting details of the grounds for the resolution and the reasons for passing the resolution;
the member shall be given an opportunity to be heard; and
the members present shall note by secret ballot on the question whether the resolution should be confirmed or revoked.
If at the general meeting:-
two-thirds of the members voting in person or by proxy in favour of the confirmation of the resolution, the resolution is confirmed; and
in any other case, the resolution is revoked.
8 Annual General Meeting
The Association shall in each calendar year convene an annual general meeting of it’s members.
The annual general meeting shall be held on such day as the committee determines but not later than the second Wednesday in September.
The annual general meeting shall be specified as such in the notice convening it.
The ordinary business of the annual general meeting shall be:-
to confirm the minutes of the last preceding annual general meeting and of any general meeting held since that meeting;
to receive from the committee reports upon the transactions of the Association during the last financial year;
to elect officers of the Association and the ordinary members of the Committee;
The annual general meeting may transact special business of which notice is given in accordance with these rules.
The annual general meeting shall be in addition to any other general meetings that may be held in the same year.
9 Special General Meeting
All general meetings other than the annual general meeting shall be called special general meetings.
10 (1) The Committee may, whenever it thinks fit, convene a special general meeting of the Association and, where, but for this bi-clause, more than 15 months would lapse between annual general meetings, shall convene a special general meeting before the expiration of that period.
The Committee shall, on the requisition in writing of the members representing not less than 5% of the total number of members, convene a special general meeting of the Association.
The requisition for a special general meeting shall state the objects of the meeting and shall be signed by the members making the requisition and be sent to the address of the Secretary and may consist of several documents in like form, each signed by one or more of the members making the resolution.
If the Committee does not cause a special general meeting to be held within one month after the date on which the requisition is sent to the address of the Secretary, the members making the requisition, or any of them, may convene a special general meeting to be held not later than 3 months after that date.
A special general meeting convened by members in pursuance of these rules shall be convened in the same manner as nearly as possible as that in which those meetings are convened by the Committee and all reasonable expense incurred in convening the meeting shall be refunded by the Association to the person incurring the expenses.
11 Notice of Meeting
The Secretary of the Association shall, at least 14 days before the date fixed for holding a general meeting of the Association, cause to be sent to each member of the Association at his address appearing in the register of members, a notice by pre-paid post stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.
No business other than that set out in the notice convening the meeting shall be transacted at the meeting.
A member desiring to bring any business before a meeting may give notice of that business in writing to the secretary, who shall include that business in the notice calling the next general meeting after the receipt of the notice.
12 Proceedings at Meetings
All business that is transacted at a special general meeting and all business that is transacted at the annual general meeting with the exception of that specially referred to in these rules as being the ordinary business of the annual general meeting shall be deemed to be special business.
No item of business shall be transacted at a general meeting unless a quorum of members entitled under these rules to vote is present during the time when the meeting in considering that item.
20 members personally present (being members entitled under these rules to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting.
If within half an hour after the appointed time for the commencement of a general meeting, a quorum is not present, the meeting if convened upon the requisition of members shall be dissolved and in any other case shall stand adjourned to the same day in the next week at the same time and (unless another place is specified by the Chairman at the time of the adjournment or by written notice to the members given before the day to which the meeting is adjourned) at the same place and if at the adjourned meeting the quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members present (being not less than 3) shall be the quorum.
CONDUCT OF MEETINGS:
Meetings of the Club shall be conducted in the following manner:-
Call to Order
Roll Call and Apologies
Minutes of Previous Meeting
Correspondence
Reports
General Business
STANDING ORDERS:
Any person wishing to move to a motion shall address the chair respectfully, avoid personalities and unbecoming language and shall take his seat if called to order by the Chairman.
No person shall speak more than once or any motion of amendment, except the mover of the original motion who shall have the right to reply which closes debate. The right of explanation during debate shall be permitted only if conceded by the Chairman on request by any person.
A Motion or Amendment having been moved and seconded, debate may ensue but no more than two (2) speakers shall follow successively on the same side of the question. If two speakers have spoken and there being no speaker to take the opposite view, the question shall be put forthwith.
On any person rising to a point of order during a discussion, the speaker shall resume his seat, and the person rising shall state his point of order, when the Chairman shall rule thereon which ruling may be reviewed by the meeting.
If the Chairman’s ruling is disagreed with, he shall immediately vacate the chair and another Chairman be elected who shall deal with the motion. The Chairman and the mover shall give their views on the question in dispute immediately after which a vote shall be taken. If the motion is carried, the Chairman shall resume his seat and deal with the question in dispute as ruled by the meeting.
When two or more persons rise to speak at the same time the Chairman shall decide who is entitled to the floor.
Any person wishing to leave the meeting shall ask permission of the Chairman.
No second amendment shall be taken into consideration or discussed unless the previous amendment shall have been disposed of.
If an amendment is carried the question as thereby amended shall become the question before the meeting whereupon any other amendment upon it may be moved.
The Chairman shall decide whether motions are in order or whether amendments are relevant to the subject matter of the question.
No person shall speak upon any motion or amendment for a longer period than five (5) minutes without the consent of the meeting which must agree by separate motion.
Any items not included in the above Clauses shall be covered by the ordinary rules of debate.
13 (1) The President, or in his absence, the Vice-President, shall preside as Chairman at each general meeting of the Association.
If the President and the Vice-President are absent from a general meeting, the members present shall elect one of their number to preside as Chairman at the meeting.
14 (1) The Chairman of a general meeting at which a quorum is present may, with the consent of the meeting, adjourn the meeting from time to time and place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
(2)Where a meeting is adjourned for 14 days or more, a like notice of the adjourned meeting shall be given as in the case of a general meeting.
(3)Except as provided in sub-clause (1) and (2), it is not necessary to give notice of an adjournment or of the business to be transacted at an adjourned meeting.
15 A question arising at a general meeting of the Association shall be determined on a show of hands and unless before or on declaration of the show of hands a poll is demanded, a declaration by the Chairman that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, and an entry to that effect in the Minute Book of the Association is evidence of the fact, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution.
16 (1) Upon any question arising at a general meeting of the Association, a member has one vote only.
All votes shall be given personally or by proxy.
In the case of an equality of voting on a question, the Chairman of the meeting is entitled to exercise a second or casting vote.
17 (1) If at a meeting a poll on any question is demanded by not less than three members, it shall be taken at that meeting in such a manner as the chairman may direct and the resolution of the poll shall be deemed to be a resolution of the meeting on that question.
A poll that is demanded on the election of a Chairman or on a question of an adjournment shall be taken forthwith and a poll that is demanded on any other question shall be taken at such time before the close of the meeting as the Chairman may direct.
18 If at a meeting a poll on any question is demanded by not less than three members, it shall be taken at that meeting in such a manner as the chairman may direct and the resolution of the poll shall be deemed to be a resolution of the meeting on that question.
19 (1) Each member shall be entitled to appoint another member as his proxy by notice given to the secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.
(2)The notice appointing a proxy shall be in the form set out in Appendix 2.
20 Committee of Management
(1)The affairs of the Association shall be managed by a Committee of Management constituted as provided in Rule 21.
The Committee:-
shall control and manage the business and affairs of the Association;
may, subject to these rules, the regulations and the Act, exercise all such powers and functions as may be exercised by the Association other than those powers and functions that are required by these rules to be exercised by general meetings of the members of the Association; and
subject to these rules, the regulations and the Act, has power to perform all such acts and things as appear to the Committee to be essential for the proper management of the business and affairs of the Association.
21A (1) The officers of the Association shall be:-
a President;
a Vice-President;
a Treasurer; and
a Secretary.
The provisions of Rule 23 so far as they are applicable and with necessary modifications, apply to and in relation to the election of persons to any of the officers mentioned in sub-clause (1).
Each officer of the Association shall hold office until the annual general meeting next after the date of their election but is eligible for re-election.
In the event of a casual vacancy in any office referred to in sub-clause (1), the Committee may appoint one of it’s members to the vacant office and the member so appointed may continue in office up to and including the conclusion of the annual general meeting next following the date of their appointment.
21B Junior Committee
A Junior Committee shall be appointed annually by the committee of management. The committee shall consist of six members as follows;
Chairperson
Secretary
Four ordinary members.
Their duties shall be to administer the junior section but more specifically;
1/ Act as registrar for all junior members.
2/ Organise social functions.
3/ Make recommendations to the committee of management as to the
appointment of junior personnel.
22 (1) Subject to Section 23 of the Act, the Committee shall consist of:-
the officers of the Association; and
9 ordinary members.
Each ordinary member of the Committee shall, subject to these rules, hold office until the annual general meeting next after the date of their election but is eligible for re-election.
In the event of a casual vacancy occurring in the office of any ordinary member of the Committee, the Committee may appoint a member of the Association to fill the vacancy and the member so appointed shall hold office, subject to these rules, until the conclusion of the annual general meeting next following the date of their appointment.
23 Election of Officers and Vacancy
(1)Nominations of candidates for election as officers of the Association or as ordinary members of the Committee:-
shall be made in writing, signed by two members of the Association and accompanied by a written consent of the candidate (which may be endorsed on the form of nomination); and
shall be delivered to the secretary of the Association not less than 7 days before the date fixed for the holding of the annual general meeting.
If insufficient nominations are received to fill al vacancies on the Committee, the candidates nominated shall be deemed to be elected and further nominations shall be received at the annual general meeting.
If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be deemed to be elected.
If the number of nominations exceeds the number of vacancies to be filled, a ballot shall be held.
The ballot for the election of officers and ordinary members of the Committee shall be conducted at the annual general meeting in such usual and proper manner as the Committee may direct.
A nomination of a candidate for election under this clause is not valid if that candidate has been nominated for another office for election.
24 For the purposes of the rules, the office of an officer of the Association or of an ordinary member of the Committee becomes vacant if the officer or member:-
cease to be a member of the Association;
becomes an insolvent under administration within the meaning of the Companies (Victoria) Code; or
resigns his office by notice in writing given to the secretary.
25 (1) The Committee shall meet at least 3 times in each year at such place and at such times as the Committee may determine.
Special meetings of the Committee may be convened by the President or by any 4 members of the Committee.
Notice shall be given to members of the Committee of any special meeting specifying the general nature of the business to be transacted and no other business shall be transacted at such a meeting.
The quorum for the transaction of the business of a meeting of the Committee shall be a majority of the members of the current committee.
No business shall be transacted unless a quorum is present and if within half an hour of the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same place and at the same hour of the day in the following week unless the meeting was a special meeting in which case it lapses.
At meetings of the Committee:-
the President or in his absence the Vice-President shall preside;
if the President and the Vice-President are absent, such one remaining members of the Committee as may be chosen by the members shall preside.
Questions arising at a meeting of the Committee or of any sub-committee appointed by the Committee shall be determined on a show of hands or, if demanded by a member, by a poll taken in such a manner as the person presiding at the meeting may determine.
Each member present at a meeting of the Committee or of any sub-committee appointed by the Committee (including the person presiding at the meeting) is entitled to one vote and, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.
Written notice of each committee meeting shall be serviced on each member of the Committee by delivering it to them at a reasonable time before the meeting or by sending it by pre-pad post addressed to them at their usual or last known place of abode at least two business days before the date of the meeting.
Subject to sub-clause (4) the Committee may act notwithstanding any vacancy on the Committee.
26 Secretary
The Secretary of the Association shall keep minutes of the resolutions and proceedings of each general meeting and each committee meeting in books provided for that purpose together with a record of the names of persons present at committee meetings.
27 Treasurer
The Treasurer of the Association:-
shall collect and receive all moneys due to the Association and make all payments authorized by the Association; and
shall keep correct accounts and books showing the financial affairs of the Association with full details of all receipts and expenditure connected with activities of the Association.
The accounts and books referred to in sub-clause (1) shall be available for inspection by members.
28 Removal of Member of Committee
The Association in general meeting may by resolution remove any member of the committee before the expiration of their term of office and appoint another member in their stead to hold office until the expiration of the term of the first-mentioned member.
Where the member to whom a proposed resolution referred to in sub-clause (1) makes representation in writing to the secretary or president of the Association (not exceeding a reasonable length) and requests that they be notified to the members of he Association, the secretary or the president may send a copy of the representations to each member of the Association or, if they are not so sent, the member may require that they be read out at the meeting.
29 Cheques
All cheques, drafts, bills of exchange, promissory notes or other negotiable instruments shall be signed by two members of the Committee.
30 Seal
The Common Seal of the Association shall be kept in the custody of the Secretary.
The Common Seal shall not be affixed to any instrument except by the authority of the Committee and the affixing of the Common Seal shall be attested by the signatures either of two members of the Committee or of one member of the Committee and of the Public Officer of the Association.
31 Alteration of Rules and Statement of Purposes
These rules and the statement of purposes of the Association shall not be altered except in accordance with the Act.
At least 21 days notice must be given of a meeting at which a resolution proposing a change of Rules and Statement of Purposes is to be voted upon.
The notice must specify the intention to propose the resolution and state the resolution.
32 Notices
A notice may be served by or on behalf of the Association upon any member either personally or by sending it by post to the member at the address shown in the Register of Members.
Where a document is properly addressed pre-paid and posted to a person as a letter, the document shall, unless the contrary is proved, be deemed to have been given to the person at the time at which the letter would have been delivered in the ordinary course of the post.
33 Dissolution
If upon the dissolution of the Club there remains after satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed among the delegates or members of the Club but shall become the property of Our Lady’s Youth Centre, Sunshine.
34 Custody of Records
Except as otherwise provided in these rules, the Secretary shall keep in his custody or under his control all books, documents and securities of the Association.
35 Funds
The funds of the Association shall be derived from entrance fees, annual subscriptions, donations and such other sources as the Committee determines.
36 Club Awards
For a player to be eligible for consideration for a senior team average, he must fulfill the following requirements with that team:-
Senior Batting Average:1.Bat in at least 5 matches
.2.Score at least 200 runs
Senior Bowling Average:1.Bowl in at least 5 matches
2.Bowl at least 30 overs
3.Take at least 20 wickets
Senior All-Rounder:1.Play at least 5 matches
2.Score at least 150 runs
3.Take at least 15 wickets
The senior first eleven Champion player award will be known as the Jack Brewis Champion Player trophy. The Champion player award for the other senior grades will be known as the Lee Schwartz Champion Player trophy.
The allocation of points to determine the Champion Player awards will be allocated on the following basis:-
A bowler shall receive ten points only for each wicket he takes.
A batsman shall receive one point for each run he scores.
A fieldsman shall receive five points for each dismissal in which he assists.
For a player to be eligible for consideration for a junior team average, he must fulfill the following requirements with that team:-
Under 16 Batting Average:1.Bat in at least 4 matches
2.Score at least 150 runs
Under 16 Bowling Average:1.Bowl in at least 4 matches
2.Bowl at least 30 overs
3.Take at least 15 wickets
Under 16 All-Rounder:1.Play at least 4 matches
2.Score at least 100 runs
3.Take at least 15 wickets
