NEWS
Grand Final Results
16-09-2018 
Reserves Football
Wallan 2.1.13 def by Diggers Rest 6.8.44
Under 19.5`s Football
Rupertswood 11.8.74 def Wallan 2.8.20

Week 3 Finals
08-09-2018 
Preliminary Final
Under 19.5`s Football
Wallan 7.11.53 Def Riddell 4.9.33

Week 2 Finals
02-09-2018 
Reserves Football
Diggers Rest 2.5.17 def by Wallan 10.6.66
Under 19.5`s Football
Wallan 14.15.99 def Macedon 8.7.55
Netball
Under 19`s
Macedon 36 def Wallan 8

Week 1 Finals Results
26-08-2018 
Football results
Under 19.5`s
Wallan 5.10.40 def by Rupo 11.10.76
Club 18
Sunbury Lions 12.8.80 Def Wallan 4.2.26
Reserves
Wallan 6.10.46 def Woodend 3.9.27
Seniors
Wallan 11.10.76 def by Macedon 20.14.134
Netball
A Grade
Wallan 46 def by Rockbank 48
B Grade
Wallan 41 def by Romsey 47
19`s
Wallan 28 def Rockbank 18

For full game details and current ladders please go the football and netball scoreboard pages

Wallan Football & Netball Club facebook group
09-03-2018 




Click on the above links and ask how to join our closed WFNC Facebook group & Team app

2017 Major & Gold Club Sponsors
2017 













 












19-10-2010 

Links
29-11-2008 












Archive
 

 

 

 

 

WALLAN FOOTBALL & NETBALL CLUB INC

 




CONSTITUTION

 

Effective from 24 September 1980 incorporating amendments agreed on

20 September 1994

19 October 1998

11 October 2004

10 October 2006

4 October 2010

30 October 2018

 

 

 

 


 

1.                 Name

The name of the incorporated association is the WALLAN FOOTBALL & NETBALL CLUB INC

('the Club').   

 

2.      Purposes

The purposes of the Club are:

 

2.1         To promote and advance the games of Australian Rules football and netball;

2.2          To maintain the Club in the highest level of competition within the Riddell District Football League or such other league as the Club may compete in from time to time;

2.3          To recruit, develop, train and coach junior and senior players to achieve the highest possible standards;

2.4          To achieve and maintain the highest levels of sportsmanship amongst the members and between competitors at all levels and become the first choice club for potential players wanting to play football or netball in the Riddell District Football League or other league to which the Club may belong from time to time;

2.5         To develop the Club into a financially responsible, stable and successful sporting club;

2.6          To be a sporting club that is influential within the community and within any league in which it may compete from time to time;

2.7         To offer a warm and welcoming social environment for both members and guests;

2.8          To provide, maintain, operate, develop, and manage grounds, ovals, courts, club rooms, social rooms and all other facilities for its members and supporters and for the benefit of others in the surrounding community;

2.9         To do all things as are necessary, incidental or conducive to the achievement of these purposes.,

3.                 Definitions

3.1          In these Rules,   unless the contrary intention appears - Act means the Associations Incorporation Act 1981; Club means the Wallan Football & Netball Club Inc committee means the committee of management of the Club; general committee means the ordinary members of the committee and officers of the Club;    financial year means the period from 1 October to 30 September in each year;

facility and facilities means the Club's facilities which are situated at Greenhill Reserve, Wallan and Wallan Secondary College;

general meeting means a general meeting of members convened in accordance with these Rules; member means a member of the Club;

officer means a person holding one of the five executive positions – president, secretary, senior vice president, junior vice president or treasurer'

ordinary member of the committee means a member of the committee who is not an officer of the Club;

premises means those parts of the Club's facilities which are licensed or covered by any liquor licence issued pursuant to the Liquor Control Reform Act 1998; Regulations means regulations under the Act; relevant documents has the same meaning as in the Act.

3.2          In these Rules, a reference to the Secretary of the Club is a reference-

(a)               if a person holds office under these Rules as Secretary of the Club - to that person; and

(b)               in any other case, to the public officer of the Club.

4.                 Powers of Club

4.1          Subject to the Act, the Club has power to do all things incidental or conducive to achieve its purposes.

4.2          Without limiting sub-rule 4.1, the Club may:

(a)               acquire, hold and dispose of real or personal property;

(b)               open and operate accounts with financial institutions;

(c)               invest its money in any security in which trust moneys may lawfully be invested;

(d)               raise and borrow money on any terms and in any manner as it thinks fit;

(e)               secure the repayment of money raised or borrowed, or the payment of a debt or liability;

(f)                appoint agents to transact business on its behalf;

(g)               enter into any other contract it considers necessary or desirable.

4.3          The Club may only exercise its powers and use its income and assets (including any surplus) for its purposes.

5.                 Not for profit organisation

5.1         The Club must not distribute any surplus, income or assets directly or indirectly to its members.

5.2          Sub-rule 5.1 does not prevent the Club from paying a member –   (a)           reimbursement for expenses properly incurred by the member; or

                   (b)         for goods or services provided by the member,

if this is done in good faith on terms no more favourable than if the member was not a member.

 

6.                 Alteration of the Rules

These Rules and the statement of purposes of the Club may be altered, added to, repealed or amended by resolution at any annual meeting or special meeting called for the purposes provided that no such resolution shall be deemed to have been passed unless it is carried by three-quarters of financial members present, including correctly lodged proxy votes, voting.

 

7.                 Membership

7.1          Only a natural person may be a member of the Club.

7.2         Membership of the Club shall be divided into the following categories:

(a)               general membership;

(b)               player membership;

(c)               junior membership; (d)           life membership; and

                   (e)          temporary membership.

7.3          Other categories of membership as the general committee may from time to time determine will entitle members of those categories to enjoy such rights, duties and responsibilities as the general committee may from time to time determine.  

7.4          Except where the Rules or By-Laws specify otherwise, the general committee shall decide the category of membership to which each member shall belong. The general committee may delegate this task to a sub-committee or to the Secretary or to any other member or members of the general committee.

7.5          The category of life membership shall include all members of the Club who have been voted as life members at a general meeting. A member who belongs to the category of membership known as life membership shall:

(a)               be entitled to vote at general meetings;

(b)               be entitled to be elected or appointed as an officer in the Club or other position on the general committee;

(c)               not be obliged to pay such entrance fee and/or annual subscription or membership fee as determined under these Rules as listed in the Club's By Laws; and

(d)               be entitled to enjoy the use of the Club's facilities subject to specific directions by the general committee.

7.6         A member who belongs the category of membership known as general membership shall:

(a)               be entitled to vote at general meetings (subject to payment in full of any subscription or membership fee);

(b)               be entitled to be elected or appointed as an officer in the Club or other position on the general committee if that member has been a financial member for a period of at least 12 months;

(c)               pay such entrance fee and/or annual subscription or membership fee as determined under these Rules as listed in the Club's By Laws;

(d)               be entitled to enjoy the use of the Club's facilities subject to specific directions by the general committee.

7.7         A member who belongs to the category of membership known as player membership shall:

(a)               upon obtaining a clearance or registering to play with the Club, be entitled to selection in any of the Club's recognised teams;

(b)               be entitled to vote at general meetings (subject to payment in full of any subscription or membership fee);

(c)               be entitled to be elected or appointed as an officer in the Club or other position on the general committee if that member has been a financial member for a period of at least 12 months;

(d)               pay such entrance fee and/or annual subscription or membership fee as determined under these Rules as listed in the Club's By Laws;

(e)               be entitled to enjoy the use of the Club's facilities subject to specific directions by the general committee.

7.8         A member who belongs to the category of membership known as junior membership shall:

(a)               be attending a primary or secondary institution as a full time pupil;

(b)               not be entitled to vote at general meetings unless over the age of 18 years at the time of the annual general meeting;

(c)               not be entitled to be elected or appointed to any office in the Club or other position on the general committee unless over the age of 18 years at the time of the annual general meeting, and having been a financial member for a period of at least 12 months or seconded onto the committee for a defined purpose;

(d)               pay such entrance fee and/or annual subscription or membership fee as determined under these Rules as listed in the Club's By Laws;

(e)               not be supplied with liquor on the Club's licensed premises unless he or she is accompanied by a parent or guardian and the liquor is supplied for consumption as part of a meal supplied on the Club's premises or the player is over the age of 18;

(f)                not enter and be on the Club's licensed premises when any liquor licence permits the supply and/or consumption of liquor unless he or she is:

(i)                 in the company of his or her parent or guardian (above the age of 18 years);

(ii)                on the premises during any time or during any event which is the subject of a permanent authority to permit under age persons to be on a licensed premises issued by the Director of Liquor Licensing or a similar corresponding authority;

(iii)               over the age of 18; and

(g)               be entitled to enjoy the use of the Club's facilities subject to specific directions by the general committee.

7.9         A member who belongs to the category of membership known as temporary membership shall:

(a)               not be entitled to vote at general meetings;

(b)               not be entitled to be elected or appointed to any office in the Club or other position on the general committee;

(c)               not be obliged to pay such entrance fee and/or annual subscription or membership fee as determined under these Rules;

(d)               be entitled to enjoy the use of the Club's facilities subject to specific directions by the general committee.

7.10        Persons belonging to or of the following class of people shall be eligible for admission as temporary members of the Club:

(a)               members, players, officials and supporters of any club which is competing against the Club or which is competing at the Club's facilities;

(b)               officials, delegates and umpires of the Riddell District Football League or such other league as the Club may compete in from time to time; and

(c)               parents and relatives (over the age of 18 years) of any junior member attending any function, event or activity arranged, conducted or organised exclusively or predominantly for junior members.

7.11            Any member of the general committee or its delegate may approve the admission of a temporary member.

7.12            Temporary membership only lasts for the duration of the day on which it is approved or 24 hours, whichever is the longer.

8.                 Fees and Subscriptions  

8.1          The annual subscription/membership fee for any category of membership (except life membership) shall be fixed annually by the general committee following the annual general meeting. Different annual subscriptions/membership fees may be fixed for particular members within a category of membership to take account of family relationships or any other factors which the general committee considers reasonable.

8.2         If any member has not paid the member's annual subscription/membership fee in full by 30 April in

each year (or such other date as determined by the committee), the committee shall be entitled to suspend the member's entitlements either permanently or temporarily or subject to any condition that it deems fit until such time as the member pays the moneys due.

8.3          To be eligible to vote at annual general meetings members must, regardless of membership category, be fully financial by 30 June preceding the annual general meeting

8.4         The annual subscription/membership fee does not include access or entry to Club social events.

The cost to attend these events is a separate cost.

9.                 Register of members

9.1           The Secretary must keep and maintain a register of all financial members in which shall be entered:

(a)               the name, home address, contact phone number , and email address of each member; and

(b)               the date on which each member’s name was entered in the register;

(c)               the category of membership to which the member is admitted;

(d)               the date on which any subscription/membership fee for the current financial year was paid.

9.2          The names entered in the register are available for inspection free of charge by any member upon request in writing to the Secretary.

10.              Ceasing membership

10.1        A member of the Club who has paid all moneys due and payable by a member to the Club may resign from the Club by giving one month’s notice in writing to the Secretary of his or her intention to resign.

10.2        After the expiry of the period referred to in sub-rule 10.1-

(a)               the member ceases to be a member;  

(b)               the Secretary must record in the register of members the date on which the member ceased to be a member

10.3        A member is taken to have resigned if:

(a)               the member's annual subscription is more than 12 months in arrears; or

(b)               where no annual subscription is payable –  

(i)                 the Secretary has made a written request to the member to confirm that he or she wishes to remain a member; and

(ii)                the member has not, within 3 months after receiving that request, confirmed in writing that he or she wishes to remain a member.

10.4            Membership money paid will not be refunded should a member resign.

10.5            All outstanding moneys owed to the Club must be paid prior to the member resigning.  

10.6            The rights of a member are not transferable and end when membership ceases.

10.7            Ceasing Membership -  

(a)               The membership of a person ceases on resignation, expulsion or death;

(b)               If a person ceases to be a member of the Club, the Secretary must, as soon as practicable, enter the date the person ceased to be a member in the register of members.

11.              Discipline, suspension and expulsion of members

11.1        Within one month of the annual general meeting being conducted the committee must ratify the following documents:

(a)               Club code of conduct setting out expected behaviour and discipline required of all members of the Club

(b)               racial vilification policy that sets out roles and responsibilities of the Club and procedures to be adopted in the case of vilification complaint.

11.2            The documents listed in Rule 11.1 must be signed by all officers. The documents must be displayed prominently within Club facilities and on the Club's website.

11.3            Should the Club receive a complaint regarding breaches of the above policies or any other policy adopted by the league or the governing bodies of netball and football in Victoria the following should apply.

(a)               The president must convene a meeting of the officers within 48 hours of receipt of the complaint and appoint an arbitrator or investigator

(b)               The arbitrator or investigator must contact the complainant as soon as possible to ascertain the full details of the complaint and what action remedy they are after..

(c)               The arbitrator or investigator may then call and question any witnesses he consider relevant to the complaint, utilise video evidence if available or other evidence such as emails, text messages etc that may assist with any enquiries

(d)               The officers may upon hearing all evidence shall after deciding the complaint has been proven decide on penalties pursuant to Rules 11 and 12 of the Club constitution

(e)               The officers may refer the matter to other groups within the Club such as the football or netball leadership group to assess any penalties should they deem that is the most suitable course of action for any alleged breaches of Club policies

(f)                The Club will assist all league, AFL Victoria, Netball Victoria and official enquiries on breaches of law and league policy.

(g)               The Club will advise the complainant in writing of its findings and actions taken.

11.4        Subject to these Rules, if the committee is of the opinion that a member has refused or neglected to comply with these Rules or any By-Law, or has been guilty of breaching any code of conduct or behavioural policy adopted by the Club, the committee may by resolution-

(a)               suspend that member from membership of the Club for a specified period; or

(b)               expel that member from the Club; or

(c)               fine that member an amount   that cannot exceed any real cost to the Club caused by that member.

11.5       A resolution of the committee under sub-rule .11.4 does not take effect unless-

(a)               at a meeting held in accordance with sub-rule 11.6, the committee confirms the resolution; and  

(b)               if the member exercises a right of appeal to the Club under this rule, the Club confirms the resolution in accordance with this rule.

11.6            A meeting of the committee to confirm or revoke a resolution passed under sub-rule 11.4 must be held not earlier than 14 days, and not later than 28 days, after notice has been given to the member in accordance with sub-rule 11.7.

11.7            For the purposes of giving notice in accordance with sub-rule 11.6, the Secretary must, as soon as practicable, cause to be given to the member a written notice-

(a)               setting out the resolution of the committee and the grounds on which it is based: and

(b)               stating that the member, or his or her representative, may address the committee at a meeting to be held not earlier than 14 days and not later than 28 days after the notice has been given to that member; and

(c)               stating the date, place and time of that meeting; and

(d)               informing the member that he or she may do one or both of the following-

(i)                 attend that meeting;

(ii)                give to the committee before the date of that meeting a written statement seeking the revocation of the resolution;

(e)               informing the member that, if at that meeting, the committee confirms the resolution, he or she may not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the Club in general meeting against the resolution.

11.8        At a meeting of the committee to confirm or revoke a resolution passed under sub-rule 11.4, the committee must-

(a)      give the member, or his or her representative, an opportunity to be heard; and (b)            give due consideration to any written statement submitted by the member; and

                   (c)          determine by resolution whether to confirm or to revoke the resolution.

11.9        If at the meeting of the committee, the committee confirms the resolution, the member may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the Club in general meeting against the resolution.

11.10      If the Secretary receives a notice under sub-rule 11.9, he or she must notify the committee and the committee must convene a general meeting of the Club to be held within 21 days after the date on which the Secretary received the notice.

11.11       At a general meeting of the Club convened under sub-rule 11.10-

(a)               no business other than the question of the appeal may be conducted; and

(b)               the committee may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution; and

(c)               the member, or his or her representative, must be given an opportunity to be heard; and  

(d)               the members present must vote by secret ballot on the question whether the resolution should be confirmed or revoked.

11.12      A resolution is confirmed if, at the general meeting, not less than 75% of the members vote in person, or by proxy, in favour of the resolution.   In any other case, the resolution is revoked.

12.              Disputes and mediation

12.1        The grievance procedure set out in this rule applies to disputes under these Rules between- (a) a member and another member; or

                   (b)          a member and the Club.

12.2        The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.

12.3        If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days, hold a meeting in the presence of a mediator.

12.4         The mediator must be-

(a)               a person chosen by agreement between the parties; or

(b)               in the absence of agreement –

(i)                 in the case of a dispute between a member and another member, a person appointed by the committee of the Club   ; or

(ii)                in the case of a dispute between a member and the Club, a person who is a mediator appointed or employed by the Dispute Settlement Centre or Victoria (Department of Justice).

12.5            A member of the Club can be a mediator.

12.6            The mediator cannot be a member who is a party to the dispute.

12.7            The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.

12.8            The mediator, in conducting the mediation, must-

(a)               give the parties to the mediation process every opportunity to be heard; and

(b)               allow due consideration by all parties of any written statement submitted by any party; and

(c)               ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.

12.9            The mediator must not determine the dispute.

12.10          If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act otherwise at law.


13.              Annual general meetings

13.1        The annual general meeting of the Club shall be held not later than 30 October each year.

13.2        The annual general meeting shall be held on such day as the committee determines.

13.3        The annual general meeting shall be specified as such in the notice convening it.

13.4        The ordinary business of the annual general meeting shall be:

(a)               to confirm minutes of previous annual meeting and of any general meeting held since that meeting;

(b)               to receive and consider –  

(i)                 the annual report of the Committee on the activities of the Club during the preceding financial year; and

(ii)                the financial statements of the Club for the preceding financial year submitted by the Committee in accordance with Part 7 of the Act;;

(c)               to elect officers of the Club and members of the general committee'

(d)               to receive and consider any statement submitted by the Club in accordance with section 106 of the Act; and

(e)               to decide any resolution or business connected with the Club which may be brought to the attention of the meeting.

14.              Special general meetings

14.1          In addition to the annual general meeting, any other general meeting may be held in the same year.

14.2         All general meetings other than the annual general meeting are special general meetings.

14.3        The committee may, whenever it thinks fit, convene a special general meeting of the Club.

14.4        If, but for this sub-rule, more than 15 months would elapse between annual general meetings, the committee must convene a special general meeting before the expiration of that period.

14.5        The committee must, on the request in writing of not less than 15 members (being financial or life members), convene a special general meeting of the Club.

14.6        The request for a special general meeting must:

(a)               state the objects of the meeting; and

(b)               be signed by the members requesting the meeting (this may consist of several documents in a like form, each signed by one or more of the members making the request); and

(c)               be sent to the postal address of the Club.

14.7            If the committee does not cause a special general meeting to be held within one month after the

date on which the request is sent to the address of the Secretary, the members making the request,

or any of them, may convene a special general meeting to be held not later than 3 months after that date.

14.8            If a special general meeting is convened by members in accordance with this Rule, it must be convened by the committee and all reasonable expenses incurred in convening the special general meeting must be refunded by the Club to the persons incurring the expenses.

 

15.              Notice of annual or special general meetings

15.1        The Secretary of the Club, at least 14 days, or if a special resolution has been proposed at least 21 days, before the date fixed for holding a general meeting of the Club, must cause to be sent to each member of the Club, a notice stating the place, date and time of the meeting and the nature of the business to be conducted at the meeting.

15.2        Notice must be given pursuant to Rule 39.

15.3        An advertisement advising of any general meeting is to be placed in at least one local newspaper for two weeks prior to the meeting being held as well as being advertised on the Club website three weeks prior to the meeting.

15.4        No business other than that set out in the notice convening the meeting shall be transacted at the meeting.  

15.5        A member desiring to bring any business before a meeting may give notice of that business in writing (or by electronic transmission) to the Secretary who shall include that business in the notice calling the next general meeting after receipt of that notice.

16.              Procedures at general meetings

16.1        All business that is conducted at a special general meeting and all business that is conducted at the annual general meeting, except for business conducted under the Rules as ordinary business of the annual general meeting, is deemed to be special business.

16.2      No item of business may be conducted at a general meeting unless a quorum of members entitled under these Rules to vote is present at the time when the meeting is considering that item.

16.3        The number of members personally present (being members entitled under these Rules to vote at a general meeting) constitute a quorum for the conduct of the business of a meetings as follows:.

(a)               annual meetings – 12 members (financial members or life members) of the preceding year;

(b)               special meetings – 12 current financial or life members.

16.4        If, within half an hour after the appointment time for the commencement of a general meeting, a quorum is not present-

(a)               in the case of a meeting convened upon the request of members- the meeting must be dissolved; and

(b)               in any other case- the meeting shall stand adjourned to the same day in the next week at the same time and (unless another place is specified by the Chairperson at the time of the adjournment or by written notice to members given before the day to which the meeting is adjourned) at the same place.

16.5         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 personally present (being not less than 3) shall be a quorum.

17.              Chairperson

17.1        The President, or in the President’s absence, the Senior Vice-President or a nominated life member, shall preside as Chairperson at each general meeting of the Club.

17.2        If the President and the Senior Vice-President or nominated life member are absent from a general meeting, or are unable to preside, the members present must select one of their number to preside as Chairperson.

18.              Adjournment of meetings

18.1        The chairperson may, with the consent of a majority of members present at the meeting, adjourn the meeting from time to time and place to place.

18.2        No business may be conducted at an adjourned meeting other than the unfinished business from the meeting that was adjourned.

18.3        If a meeting is adjourned for 14 days or more, notice of the adjourned meeting must be given as in the case of the general meeting.

18.4        Except as provided in sub-rule 18.3, it is not necessary to give notice of an adjournment or of the business to be conducted at an adjourned meeting.

19.              Voting at general meetings

19.1       If a question arising at a general meeting of the Club is determined on a show of hands –

(a)               a declaration by the chairperson that a resolution has been-

(i)                 carried; or

(ii)                carried unanimously; or

(iii)               carried by a particular majority; or

(iv)              lost; and

(b)               an entry to that effect in the minute book of the Club,

is evidence of the fact, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution.

 

19.2            Upon any question arising at a general meeting of the Club, a member has one vote only.

19.3            All votes must be given personally or by proxy

19.4            In the case of an equality of voting on a question, the chairperson of the meeting is entitled to exercise a second or casting vote.

19.5            If at a meeting a poll on any question is demanded by not less than 3 members, it must be taken at that meeting in such manner as the chairperson may direct and the resolution of the poll shall be deemed to be a resolution of the meeting on that question.

19.6            A poll that is demanded on the election of a chairperson or on a question of an adjournment must be taken immediately and a poll that is demanded on any other question must be taken at such time before the close of the meeting as the chairperson may direct.

19.7            A member is not entitled to vote at any general meeting unless all moneys due and payable by the member to the Club have been paid by 30 June

20.              Minutes of general meeting

20.1         The committee must ensure that minutes are taken and kept of each general meeting.

20.2        The minutes must record the business considered at the meeting, any resolution on which a vote is taken and the result of the vote.

20.3        In addition, the minutes of each annual general meeting must include –  

(a)               the names of the members attending the meeting;

(b)               proxy forms given to the Chairperson of the meeting under Rule 21; and

(c)               the financial statements submitted to the members in accordance with Rule 13.4(b);

(d)               the certificate signed by two committee members certifying that the financial statements give a true and fair view of the financial position and performance of the Club; and

(e)               any audited accounts and auditor's report or report of a review accompanying the financial statements that are required under the Act.

21.              Proxies

21.1        Each member is entitled to appoint another member as a 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.

21.2        The notice appointing the proxy must be-

(a)               for a meeting of the Club convened under Rule 11.10, in the form set out in Appendix 1; or

(b)               in any other case, in the form set out in Appendix 2.

22.              Committee powers

22.1        As soon as practicable after being elected or appointed to the committee, each committee member must become familiar with these Rules and the Act.

22.2        The committee is collectively responsible for ensuring that the Club complies with the Act and that individual members of the committee comply with these Rules.

22.3        Committee members must exercise their powers and discharge their duties with reasonable care and diligence.

22.4         Committee members must exercise their powers and discharge their duties –   (a)           in good faith in the best interests of the Club; and

                   (b)          for a proper purpose.

22.5        Committee members and former committee members must not make improper use of –

(a)               their position; or

(b)               information acquired by virtue of holding their position,

so as to gain an advantage for themselves or any other person or to cause detriment to the Club.

 

22.6            The affairs of the Club shall be managed by the committee of management constituted in accordance with these Rules.

22.7            The committee-

(a)               shall control and manage the business and affairs of the Club; and

(b)               may, subject to these Rules, the Act and the Regulations, exercise all such powers and functions as may be exercised by the Club other than those powers and functions that are required by these Rules to be exercised by general meetings of the members of the Club; and

(c)               subject to these Rules, the Act and the Regulations, 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 Club; and

(d)               shall appoint or dismiss all paid officers and servants of the Club, except the auditor, shall

fix salaries and terms of employment and shall have power to perform all acts and deeds as shall appear essential for the efficient management of the Club; and

(e)               shall render to each annual meeting a report of the proceedings of the Club and the general committee during the preceding year, together with any recommendations they deem worthy of consideration; and

(f)                shall have the power to co-opt the services of any persons to further any matter which comes within the object of this Club as provided in the Constitution.

23.              Constitution of the committee  

23.1        The officers of the Club shall be-

(a)               a President;

(b)               two Vice-Presidents, one Senior and one Junior;

(c)               a Treasurer; and (d)   a Secretary.

23.2            The provisions of Rule 25, so far as they are applicable and with the necessary modifications, apply to and in relation to the election of persons to any other offices referred to in sub-rule 23.1.

23.3            Each officer of the Club shall hold office until the annual general meeting next after the date of his or her election but is eligible for re-election.

23.4            In the event of a casual vacancy in any office referred to in sub-rule 23.1, the committee may appoint one of its members to the vacant office and the member appointed may continue in office up to and including the conclusion of the annual general meeting next following the date of the appointment.

24.              Constitution of the general committee

24.1        The general committee shall consist of-

(a)               the officers of the Club;

(b)               a minimum of 3 and a maximum of 9 ordinary members;

each of whom shall be elected at the annual general meeting of the Club in each year.

 

In addition there can be player's representatives who shall provide feedback from the playing group as well as assisting the committee where possible.

 

24.2            The players representatives shall be the team captains or a nominated team representative from each grade of football and netball teams.

24.3            Subject to these Rules, each ordinary member of the committee shall hold office until the annual general meeting next after the date of election but is eligible for re-election.

24.4            In the event of a casual vacancy occurring in the office of an ordinary member of the committee, the committee may appoint a member of the Club to fill the vacancy and the member appointed shall hold office, subject to these Rules, until the conclusion of the annual general meeting next following the date of the appointment.

24.5            The officers may also appoint sub committees as required. All sub-committees shall be subject and subordinate to the general committee of the Club.  

25.              Nomination and Election of officers and ordinary committee members

25.1        Nominations of candidates for election of officers of the Club or as ordinary members of the committee must be-

(a)               made in writing, signed by two financial members of the Club and accompanied by the written consent of the candidate (which may be endorsed on the form of nomination); and

(b)               delivered to the Secretary of the Club not less than 7 days before the date fixed for the holding of the annual general meeting.

25.2            A candidate may only be nominated for one office, or as an ordinary member of the committee, prior to the annual general meeting.

25.3            If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated shall be deemed to be elected and further nominations may be received at the annual general meeting.

25.4            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.

25.5            If the number of nominations exceeds the number of vacancies to be filled, a ballot must be held.

25.6            The ballot for the election of officers and ordinary members of the committee must be conducted at the annual general meeting.  

25.7            Should a vote be required to elect between candidates for executive positions the voting format must be a written secret ballot.   The chairperson and one life member as nominated by the chairperson shall be selected to count votes and announce the results. Neither the chairperson nor the life member are to be nominated persons for the executive positions.

26.              Term of office

26.1        Subject to sub-rule 26.3 and Rule 27, a committee member holds office until the positions of the committee are declared vacant at the next annual general meeting.

26.2        A committee member may be re-elected.

26.3        A general meeting of the Club may –  

(a)               by special resolution remove a committee member from office; and

(b)               elect an eligible member of the Club to fill the vacant position in accordance with Rule 25.

26.4            A member who is the subject of a proposed special resolution under sub-rule 26.3(a) may make representations in writing to the Secretary or President of the Club (not exceeding a reasonable length) and may request that the representations be provided to the members of the Club.

26.5            The Secretary or the President may give a copy of the representations to each member of the Club or, if they are not so given, the member may require that they be read out at the meeting at which the special resolution is to be proposed.

27.              Vacation of office

The office of an officer of the Club, or of an ordinary member of the committee, becomes vacant if the officer or member-

 

(a)               ceases to be a member of the Club; or

(b)               becomes an insolvent under administration within the meaning of the Corporations Law; or (c)         resigns from office by notice in writing given to the Secretary; or

(d)               dies; or

(e)               is removed pursuant to Rules 11 and 34.

28.              Filling casual vacancies

28.1       The committee may appoint an eligible member of the Club to fill a position on the committee that –  

(a)               has become vacant under Rule 27; or

(b)               was not filled by election at the last annual general meeting.

28.2            If the position of Secretary becomes vacant, the committee must appoint a member to the position within 14 days after the vacancy arises.

28.3            Rule 26 applies to any committee member appointed by the committee under sub-rule 28.1 or 28.2.

28.4            The committee may continue to act despite any vacancy in its membership.

29.              Procedures for meetings of the committee

29.1        The committee must meet at least once each month during the football season and at such times as it shall deem it necessary for the purpose of transacting Club business.     

29.2       Special meetings of the committee may be convened at any time by the President or Secretary.

29.3        The Secretary shall call a special meeting at any time at the request of any six members of the committee.

29.4        Notice of each committee meeting must be given to each member of the committee at least 2 business days before the date of the meeting.

29.5        Written notice must be given to members of the committee of any special meeting specifying the general nature of the business to be conducted and no other business may be conducted at such a meeting.

29.6        Any 6 members of the committee constitute a quorum for the conduct of the business of a meeting of the committee.  

29.7        No business may be conducted unless a quorum is present.

29.8       If within half of hour of the time appointed for the meeting a quorum is not present-

(a)               in the case of a special meeting- the meeting lapses;

(b)               in any other case- the meeting shall stand adjourned to the same place and the same time and day in the following week.

29.9            The committee may act notwithstanding any vacancy on the committee.

29.10          At meetings of the general committee-

(a)               the President or, in the President’s absence, a Vice-President presides; or

(b)               if the President and both Vice-Presidents are absent, or are unable to preside, the members present must choose one of their number to preside.

29.11          Questions arising at a meeting of the committee, or at a meeting of any sub-committee appointed by the committee, shall be determined on a show of hands or, if a member requests, by a poll taken in such manner as the person presiding at that meeting may determine.

29.12          Each member present at a meeting of the committee, or at a meeting 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.

30.              Absence from committee meetings

30.1        Any member who shall absent himself from three consecutive meetings, ordinary or special, of the general committee without adequate excuse or permission of the committee shall be deemed to have vacated his office as a committee member. Such vacancy shall be filled as stated in Rule 23.4.

30.2        Any committee member who shall absent himself from Club duties without reasonable excuse or leave of absence from such duties may be called on by the executive officers or general committee to explain his absence, and may be expelled from such committee. Such vacancy shall be filled as stated in Rule 23.4.

31.              Use of technology

31.1        A committee member who is not physically present at a committee meeting may participate in the meeting by the use of technology that allows a committee member and the committee members present at the meeting to clearly and simultaneously communicate with each other.

31.2        For the purposes of Rule 29, a committee member participating in a committee meeting as permitted under sub-rule 31.1 is taken to be present at the meeting and, if the member votes at the meeting, is taken to have voted in person.

32.              Conflict of interest

32.1        A committee member who has a material personal interest in a matter being considered at a committee meeting must disclose the nature and extent of that interest to the committee.

32.2         The member –  

(a)               must not be present while the matter is being considered at the meeting; and

(b)               must not vote on the matter.

32.3        This rule does not apply to a material personal interest –  

(a)               that exists only because the member belongs to a class of persons for whose benefit the Club is established; or  

(b)               that the member has in common with all, or a substantial proportion of, the members of the Club.

33.              Minutes of meetings

33.1        The committee must ensure that minutes are taken and kept of each committee meeting.

33.2        The minutes must record the following:

(a)               the names of the members in attendance at the meeting;

(b)               the business considered at the meeting;

(c)               any resolution on which a vote is taken and the result of the vote;

(d)               any material personal interest disclosed under Rule 32.

34.              Removal of committee member

34.1        The Club in general meeting may, by resolution, remove any member of the committee before the expiration of the member’s term of office and appoint another member in his or her place to hold office until the expiration of the term of the first-mentioned member.

34.2        A member who is the subject of a proposed resolution referred to in sub-rule 34.1 may make representations in writing to the Secretary or President of the Club (not exceeding a reasonable length) and may request that the representations be provided to the members of the Club.

34.3        The Secretary or the President may give a copy of the representations to each member of the Club or, if they are not so given, the member may require that they be read out at the meeting.

35.              Management of funds

35.1        The Club must open an account with a financial institution from which all expenditure of the Club is made and into which all of the Club's revenue is deposited.

35.2        Subject to any restrictions imposed by a general meeting of the Club, the committee may approve expenditure on behalf of the Club.

35.3        The committee may authorise the Treasurer to expend funds on behalf of the Club (including by electronic funds transfer) up to a specified limit without requiring approval from the committee for each item on which the funds are expended.

35.4        All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by 2 committee members (neither of whom can be related).

35.5        All funds of the Club must be deposited into the financial account of the Club no later than 5 working days after receipt.

35.6        With the approval of the committee, the Treasurer may maintain a cash float provided that all money paid from or paid into the float is accurately recorded at the time of the transaction.

36.              Financial records

36.1        The Club must keep financial records that -  

(a)               correctly record and explain its transactions, financial position and performance; and

(b)               enable financial statements to be prepared as required by the Act.

36.2            The Club must retain the financial records for 7 years after the transactions covered by the records are completed.

36.3            The Treasurer must keep in his or her custody, or under his or her control –  

(a)               the financial records for the current financial year; and

(b)               any other financial records as authorised by the committee.

37.              Financial statements

37.1        For each financial year, the committee must ensure that the requirements under the Act relating to the financial statements of the Club are met.

37.2        Without limiting sub-rule 37.1, those requirements include -  

(a)               the preparation of the financial statements;

(b)               if required, the review or auditing of the financial statements;

(c)               the certification of the financial statements by the committee;

(d)               the submission of the financial statements to the annual general meeting of the Club;

(e)               the lodgement with the Registrar of the financial statements and accompanying reports, certificates, statements and fee.

38.              Seal

38.1        The Club may have a common seal.

38.2        If the Club has a common seal -  

(a)               the common seal of the Club must be kept in the custody of the Secretary;

(b)               the name of the Club must appear in legible characters on the common seal;.

(c)               the common seal must not be affixed to any instrument except by the authority of the committee and the affixing of the common seal must be attested by the signatures either of 2 members of the committee (neither of whom can be related) or, of one member of the committee and of the public officer of the Club.

39.              Registered address

The registered address of the Club is –  

 

(a)               the address determined from time to time by resolution of the committee; or

(b)               if the committee has not determined an address to be the registered address, the postal address of the Secretary.

40.              Notice to members

40.1        Any notice that is required to be given to a member, by on behalf of the Club, under these Rules may be given by-

(a)               delivering the notice to the member personally; or

(b)               sending it by prepaid post addressed to the member at that member’s address shown in the register of members; or

(c)               facsimile transmission, if the member has requested that the notice be given to him or her in this manner; or

(d)               electronic transmission (email or sms), if the member has requested that the notice be given to him or her in this manner.

41.              Winding up

41.1        The Club may be wound up voluntarily by special resolution.

41.2        In the event of the winding up or the cancellation of the incorporation of the Club, the surplus assets of the Club must not be distributed to any members or former members of the Club.

41.3        Subject to the Act and any court order made under section 133 of the Act, the surplus assets must be given to a body that has similar purposes to the Club and which is not carried on for the profit or gain of its individual members.

41.4       The body to which the surplus assets are to be given must be decided by special resolution.

 

42.              Custody and inspection of books and records

42.1        Except as otherwise provided in these Rules, the Secretary must keep in his or her custody or under his or her control all books, documents and securities of the Club.

42.2        Members may on request inspect free of charge –  

(a)               the register of members;

(b)               the minutes of general meeting;

(c)               subject to sub-rule 42.3, the financial records, books, securities and any other relevant document of the Club, including minutes of committee meetings.

42.3            The committee may refuse to permit a member to inspect records of the Club that relate to confidential, personal, employment, commercial or legal matters or where to do so may be prejudicial to the interests of the Club.

42.4            The committee must on request make copies of the Rules available to members and applicants for membership free of charge.

42.5            Subject to sub-rule 42.3, a member may make a copy of any of the other records of the Club referred to in this rule and the Club may charge a reasonable fee for provision of such a record.

42.6            For the purpose of this rule –  

relevant documents means the records or other documents, however, compiled, recorded or stores, that relate to the incorporation of management of the Club and includes the following:

 

(a)               its membership records;

(b)               its financial statements;

(c)               its financial records;

(d)               records and documents relating to transactions, dealing, business or property of the Club.

42.7            All accounts, books, securities and any other relevant documents of the Club, (excluding records of

individual personnel contracts and medical records) must be available for inspection free of charge by any member upon written request to the secretary specifying the reason for wanting to view the relevant material.   The officers should assess whether the request is reasonable and under the supervision of an officer make the requested material available.

42.8            A member may make a written request to the secretary to obtain a copy of any accounts, books, securities and any other relevant documents of the Club(excluding records of individual personnel contracts and medical records) and specifying the reason for wanting to view the relevant material.   The executive should assess whether the request is reasonable and provide relevant copies should it be deemed a reasonable request.  

43.              Colours of the Club  

43.1        The Club recognises the significance of black and white in the colours of the uniform of the Club. Official uniforms shall be worn at all matches wherein the Club takes part excepting where an alternative uniform approved by the league to which the Club is affiliated is required to be worn.

44.              By-Laws and Regulations

44.1        The general committee shall have power to make by-laws and regulations that they consider essential for the efficient management of the Club, and to alter amend or rescind them as the occasion may arise. Such by-laws and regulations will have the same force as the Constitution of the Club, provided that they are not contrary or inconsistent with such Constitution. Any changes to the by-laws and regulations must be approved by a 75% majority of current members attending an annual general meeting or special general meeting.

44.2        A copy of any Club By Laws must be kept at the Club's facilities and be accessible to members as well as being posted on the Club's website.

APPENDIX 1

 

FORM OF APPOINTMENT OF PROXY FOR MEETING OF CLUB CONVENED UNDER RULE 11.10

 

I,      ……………………………………………………………………………………………….

              (name)

 

 

of ……………………………………………………………………………………………….

              (home address)

 

being a member of WALLAN FOOTBALL & NETBALL CLUB INC

 

appoint

 

……………………………………………………………………………………………….

              (name of proxy holder)

 

 

of ……………………………………………………………………………………………….

               (address of proxy holder)

 

being a member of that Incorporated Association, as my proxy to vote for me on my behalf at the appeal to the general meeting of the Club convened under rule 7(7), to be held on-

 

………………………………………………………………. (date of meeting)

 

and at any adjournment of that meeting.

 

I authorise my proxy to vote on my behalf at their discretion in respect of the following resolution (insert details of resolution passed under rule 11.4).

 

Signature     ……………………………………………………………………………….

 

Date      ……………………………………………………..

 

 

APPENDIX 2

 

FORM OF APPOINTMENT OF PROXY

 

I,      ……………………………………………………………………………………………….

              (name)

 

 

of ……………………………………………………………………………………………….

              (home address)

 

being a member of WALLAN FOOTBALL & NETBALL CLUB INC.

 

appoint

 

……………………………………………………………………………………………….

              (name of proxy holder)

 

 

of ……………………………………………………………………………………………….

               (address of proxy holder)

 

being a member of that Incorporated Association, as my proxy to vote for me on my behalf at the annual/special* general meeting of the Club to be held on-

 

………………………………………………………………. (date of meeting)

 

and at any adjournment of that meeting.

 

My proxy is authorised to vote in favour or/against* following resolution (insert details of resolution.

 

 

 

 

 

 

Signature of Applicant           ………………………………………………………………….

 

Date      ……………………………………………………..

 

*Delete if not applicable

 

 


TABLE OF CONTENTS

 

1.                        Name .................................................................................................................. 1

2.                        Purposes ........................................................................................................... 1

3.                        Definitions ........................................................................................................ 1

4.                        Powers of Club ................................................................................................ 2

5.                        Not for profit organisation ............................................................................. 2

6.                        Alteration of the Rules ................................................................................... 3

7.                        Membership ...................................................................................................... 3

8.                        Fees and Subscriptions ................................................................................. 5

9.                        Register of members ...................................................................................... 6

10.                     Ceasing membership ..................................................................................... 6

11.                     Discipline, suspension and expulsion of members ................................. 7

12.                     Disputes and mediation ................................................................................. 9

13.                     Annual general meetings ............................................................................. 10

14.                     Special general meetings ............................................................................ 10

15.                     Notice of annual or special general meetings .......................................... 11

16.                     Procedures at general meetings ................................................................. 11

17.                     Chairperson .................................................................................................... 12

18.                     Adjournment of meetings ............................................................................ 12

19.                     Voting at general meetings ......................................................................... 12

20.                     Minutes of general meeting ........................................................................ 13

21.                     Proxies ............................................................................................................ 13

22.                     Committee powers ........................................................................................ 13

                                                                                                                                                                                                                                                                          PAGE I

23.                     Constitution of the committee .................................................................... 14

24.                     Constitution of the general committee ..................................................... 15

25.                     Nomination and Election of officers and ordinary committee members 15

26.                     Term of office ................................................................................................. 16

27.                     Vacation of office .......................................................................................... 16

28.                     Filling casual vacancies .............................................................................. 16

29.                     Procedures for meetings of the committee ............................................. 17

30.                     Absence from committee meetings ........................................................... 18

31.                     Use of technology ......................................................................................... 18

32.                     Conflict of interest ........................................................................................ 18

33.                     Minutes of meetings ..................................................................................... 18

34.                     Removal of committee member ................................................................. 19

35.                     Management of funds ................................................................................... 19

36.                     Financial records .......................................................................................... 19

37.                     Financial statements .................................................................................... 20

38.                     Seal .................................................................................................................. 20

39.                     Registered address ....................................................................................... 20

40.                     Notice to members ........................................................................................ 20

41.                     Winding up ..................................................................................................... 21

42.                     Custody and inspection of books and records ....................................... 21

43.                     Colours of the Club ....................................................................................... 22

44.                     By-Laws and Regulations ............................................................................ 22