CONSTITUTION OF THE
BOYANUP HOCKEY CLUB INCORPORATED
December 2020

TABLE OF CONTENTS

Page
1.NAME OF THE ASSOCIATION
2.OBJECTS OF THE ASSOCIATION 
3.POWERS OF THE ASSOCIATION 
4.MEMBERSHIP
5.REGISTER OF MEMBERSHIP
6.TERMINATION OF MEMBERSHIP 
7.MANAGEMENT COMMITTEE
8.POWERS OF THE MANAGEMENT COMMITTEE 
9.CASUAL VACANCIES IN MEMBERSHIP OF COMMTTEE 
10.AUDITING REQUIREMENTS
11.GENERAL MEETING
12.MINUTES OF MEETINGS OF ASSOCIATION
13.VOTING
14.FINANCE
15.COMMON SEAL
16.ALTERATIONS TO THE CONSTITUTION AND BY-LAWS 
17.DISSOLUTION
18.DIPUTES AND MEDIATION

VERSION CONTROL

Version 1 – 05.11.1998 – Constitution registered
Version 2 – 21.01.2018 – New law updates – Associations Incorporation Act 2015
Version 3 – 04.12.2020 – Amended due to rule changes

1. NAME:

The name of the Association shall be the Boyanup Hockey Club Incorporated hereinafter referred to as the “Association.”

2. OBJECTS OF THE ASSOCIATION:

The Association shall be directed by the following Mission Statement and supported by the relevant specific objectives as listed.

Mission

To provide a functional, developmental, administrative and financially viable environment within which the Association can flourish and therefore provide a feeling of success, enjoyment and satisfaction to members, supporters and sponsors.

Objectives

2.1 To provide the financial, managerial and coaching skills necessary for the continued long term development of hockey in the Association.

2.2 To strongly pursue on field successes in all grades.

2.3 To provide opportunities for junior players to progress to the highest possible level of hockey while providing a supportive environment for juniors to progress into the senior grades.

2.4 To provide a social calendar that promotes Association harmony and pride where all generations can enjoy their hockey together.

2.5 All property and income of the Association will apply solely to the promotion of the objectives of the Association and no part of that property or income shall be paid or otherwise distributed, directly or indirectly, to any member of the Association, except in good faith in the promotion of these objects.

3. POWERS OF THE ASSOCIATION:

3.1 To acquire, hold, deal with and dispose of any real or personal property.

3.2 To open and operate bank accounts.

3.3 To invest its money :
(i) in any security in which trust monies may be invested; or
(ii) in any other manner authorised by the rules of the Association.

3.4 To borrow money upon such terms and conditions as the Association thinks fit.

3.5 To give such security for the discharge of liabilities incurred by the Association as the Association thinks fit.

3.6 To appoint agents to transact any business of the Association on its behalf.

3.7 To enter into any other contract the Association considers necessary or desirable.

3.8 Reimburse any member of the Management Committee out of funds of the Association for “out of pocket” expenses incurred as part of the objectives of the Association. Any reimbursement must be approved at a committee meeting before the expense is incurred.

4. MEMBERSHIP:

4.1 Membership shall be open to any person who wishes to support the objectives of the Association.

4.2 Any person seeking membership shall make application to the Management Committee, and the Management Committee shall determine whether the application is successful or not. The commencement date of membership will be the date the Association accepts the application. Applications denied membership shall be advised in writing.

4.3 Each person admitted to membership shall be:

4.3.1 Bound by the Constitution and By-laws of the Association.

4.3.2 Come liable for such fees and subscriptions annually as may be determined by the Management committee and these must be paid to the Treasurer by the due date.

4.3.3 Entitled to all advantages and privileges of membership, including full voting rights at meetings, unless otherwise specified.

4.3.4 Receive a copy of the Constitution either in hard copy or make available on the Association’s website to download.

4.4 Membership Categories:
4.4.1 Ordinary Member
Any person who is a financial member of the Association is entitled to hold any office and enjoy the privileges of the Association.
4.4.2 Social Member
Persons other than ordinary members who are interested in promoting the Association, but do not wish to participate in the playing activities of the Association, may become a Social Member.

4.4.3 Junior Member
Any person under the age of 18 years may become a Junior Member. Such shall have no voting rights nor be entitled to hold any office.
One parent shall become a member of the Association for one child under the age of 18 years to hold voting rights at the general meetings of the Association. Where more than one child is a Junior Member of the Association, both parents will become members and have a maximum of one vote each. If there is only one parent for more than one Junior Member, the parent can only have a maximum of one vote.
Where a parent is considered a member under section 4.4.3 and they are also an Ordinary Member under section 4.4.1 they will only have a maximum of one vote.

4.4.4 Life Membership

Any person who has given outstanding service to the Association may be elected by the Management Committee as a Life Member. Any member may nominate a person to the Management Committee for consideration for Life Membership.

4.4.5 Patron

The Association may, at its discretion elect a Patron/s or vice Patrons of the Association for such period as may be deemed necessary. Such patron/s shall not be eligible to vote unless they are current members of the Association under another category of membership.

4.5 A member may contact the Secretary to arrange at any reasonable time to inspect, without charge, the records, books and documents of the Association.

5 REGISTER OF MEMBERSHIP:

5.1 A register of members of the Association and their postal and residential addresses shall be kept by the Association Secretary and maintained in an up to date condition at the Secretary’s place of residence, or at such other place as the members at a general meeting decide.

5.2 The Secretary shall, upon the request of a member of the Association, make the register available for the inspection of the member and the member may make a copy of or take an extract from the register but shall have no right to remove the register for that purpose.

5.3 The Secretary must cause the name of a person who dies or who ceases to be a member to be deleted from the register of members.

5.4 The register shall not be made available for direct marketing purposes.

6 TERMINATION OF MEMBERSHIP:

6.1 Any person’s membership may be terminated upon receipt by the Secretary of a notice in writing by the following events:
6.1.1 Resignation.
6.1.2 Death.
6.1.3 Any breach of any rule, regulation or By-law of the Association or commit any act detrimental to the Association.

6.2 The Management Committee shall have the power to suspend or expel any member of the Association for any of the events in Item 6.1 above.

6.3 Any member who is expelled, suspended or has their membership terminated shall have the right to appeal against their suspension or expulsion by presenting their case to a General Meeting called for such a purpose, and the decision of the General Meeting shall be final.

7. MANAGEMENT COMMITTEE
7.1 Management of the Association shall be vested in the Management Committee elected by the members at the Annual General Meeting and consisting of:
7.1.1 President
7.1.2 Vice President
7.1.3 Secretary
7.1.4 Treasurer
7.1.5 Junior Coordiinator
7.1.6 Three Committee Members

7.2 Each Management Committee member once elected shall hold the position for the term of one year and shall cease to be a member of the Management Committee at the conclusion of the Annual General Meeting next following his/her election and he/she shall be eligible for re-election.

7.3 The Management Committee shall meet at least three times per year at a date, time and venue determined. The procedure and order of business to be followed at a Committee Meeting must be determined by the Committee members present at the Committee Meeting. The Secretary shall give seven (7) days notice to all Management Committee members of the meeting.

7.4 A quorum of the Management Committee shall be four.

7.5 If the President or Vice President is unable to attend, then a chairperson nominated by the meeting shall chair that meeting.

7.6 Grounds on which, or reasons for which, the office of a member of the Management Committee shall become vacant:
7.6.1 A member dies.
7.6.2 A member resigns.
7.6.3 A member who’s membership to the Association has been terminated.
7.6.4 A member fails to attend 3 consecutive committee meetings, of which the person has been given notice, without having notified the Management Committee that the person will be unable to attend.

8. POWERS OF THE MANAGEMENT COMMITTEE:
8.1 The Management Committee shall carry out the day-to-day running of the Association and shall have the power to:
8.1.1 Administer the finances, appoint bankers, and direct the opening of banking accounts for specific purposes and to transfer funds from one account to another, and to close any such account.
8.1.2 Fix the manner in which such banking accounts shall be operated upon, providing all payments are passed by the Management Committee.
8.1.3 Fix fees and subscriptions payable by members and decide such levies, fines and charges as is deemed necessary and advisable, and to enforce payment thereof.
8.1.4 Adjudicate on all matters brought before it which in any way affect the Association.
8.1.5 Cause minutes to be made of all proceedings at meetings of the Committee and General Meetings of members.
8.1.6 Make, amend and rescind rulings and By-laws.
8.1.7 Have the power to form and appoint any sub-committee/s as required for specific purposes.
8.1.8 May at their discretion employ a person or persons to carry out certain duties required by the Association at salaries or remunerations for such period of time, as may be deemed necessary.
8.1.9 Should a vacancy occur on the Management Committee during the season, the Management Committee shall appoint a successor to fulfil the role until the next Annual General Meeting.
8.1.10 Appoint an officer/s or agent of the Management Committee to have custody of the Association’s books, records, documents and securities.

9. CASUAL VACANCIES IN MEMBERSHIP OF COMMITTEE:
9.1 A casual vacancy occurs in the office of a Committee Member and that office becomes vacant if the Committee member;
9.1.1 Dies,
9.1.2 Resigns by giving notice in writing to the Secretary,
9.1.3 Is convicted of an offence under the Incorporated Associations Act 2015,
9.1.4 Is permanently incapacitated by mental or physical ill health,
9.1.5 Ceases to be a member of the Association,
9.1.6 Is subject to a resolution passed by a general or special meeting of members terminating their appointment as a committee member.

9.2 Management Committee members cannot abrogate their responsibilities to attend meetings. Failure to attend three consecutive meetings may result in membership of the Management Committee being terminated.

9.3 The Management Committee can appoint a member to fill a vacant position, or nominate a member of the committee to fulfil the responsibilities and duties of a position that becomes vacant, until the next Annual General Meeting.

10. AUDITING REQUIREMENTS:
10.1 An audit of the Association is not required unless the majority of members at an Annual General Meeting pass a resolution that an audit be completed; or

10.2 The Association is directed to do so by the Commissioner.

11. GENERAL MEETINGS:
11.1 Annual General Meeting
11.1.1 The Annual General Meeting of the Association must be held every year within four (4) months of the end of the Association’s financial year.
11.1.2 The Secretary shall give at least fourteen (14) days notice to all members of the date, time and venue of the Annual General Meeting. Notification shall be delivered by post or email to the last known address of each member of the Association.
11.1.3 All financial members may attend the Annual General Meeting.
11.1.4 The quorum at the Annual General Meeting, shall be a minimum of ten (10) members. If at the end of 30 minutes after the time appointed in the notice for the opening of the Meeting there be no quorum, the meeting shall stand and adjourn for one (1) week. If at such meeting there is no quorum, those members present shall be competent to discharge the business of the meeting.
11.1.5 The Agenda for an Annual General Meeting shall be:
. Opening of Meeting
. Apologies
. Confirmation of Minutes of previous Annual General Meeting
. Presentation and adoption of President’s report
. Presentation and adoption of Treasurer’s statement
. Election of new Management Committee
. Notice/s of Motion
. Urgent general business
. Closure

11.2 General Meetings
11.2.1 General meetings may be called by the Management Committee or at the request of the President and Secretary or on the written request of at least 20% of the members of the Association if a Special General meeting is required to be convened.
11.2.2 The Secretary shall give at least fourteen (14) days notice in writing, to all members, of the date, time and venue of the General Meeting. Notification shall be delivered by post or email to the last known address of the member of the Association. Notice of General Meetings shall clearly set the business for which the meeting has been called. No other business shall be dealt with at that General Meeting.
11.2.3 The quorum at the General Meeting shall be a minimum of twelve (12) members.
11.2.4 A Special General meeting must be convened within 28 days after notice is given to the Association by the members.
11.2.5 If the Management Committee does not convene a Special General meeting within that 28 day period, the members making the requirement (or any of them) may convene the Special General
Meeting, which must be held within 3 months after the date the original requirement was made and only consider the business stated in the notice by which the requirement was made. The Association must reimburse any reasonable expenses incurred by the members convening a Special General meeting.

12. MINUTES OF MEETINGS OF ASSOCIATION:
12.1 The Secretary must cause proper minutes of all proceedings of all general meetings and Committee meetings to be taken and then to be entered within 30 days after the holding of each general meeting or Committee meeting, as the case requires, in a Club Minute electronically stored folder (“book”), kept for the purpose.

12.2 The President must ensure that the minutes taken of a general meeting or Committee meeting under sub-rule (1) are checked and signed as correct by the President of the general meeting or Committee meeting to which those minutes relate or by the President of the next succeeding general meeting or Committee meeting, as the case requires.

12.3 When minutes have been entered and signed as correct under this rule, they are, until the contrary is proved, evidence that:
12.3.1 the general meeting or Committee meeting to which they relate (in this sub-rule called “the meeting”) was duly convened and held;
12.3.2 all proceedings recorded as having taken place at the meeting did in fact take place at the meeting; and
12.3.3 all appointments or elections that have been declared at the meeting have been validly made.

13. VOTING:
13.1 Voting powers at the Annual General Meeting and General Meetings:
13.1.1 The President shall be entitled to a deliberative vote and in the event of a tied vote, the President shall exercise a casting vote.
13.1.2 Each individual financial member present shall have one (1) vote.

13.2 Voting powers at Management Committee Meetings:
13.2.1 The President shall be entitled to a deliberative vote, and in the event of a tied vote, the President shall exercise a casting vote.
13.2.2 Each individual committee member present shall have one (1) vote.

14. FINANCE:
14.1 All funds of the Association shall be deposited into the Association’s accounts at such bank or recognised financial institution as the Management Committee may determine.

14.2 All accounts due by the Association shall be paid after having been passed for payment at the Management Committee Meeting and when immediate payment is necessary, account/s shall be paid and the action endorsed at the next Management Committee Meeting.

14.3 The Secretary shall not spend more than a set amount of Petty Cash without the consent of the Management Committee and shall keep a record of such expenditure in a Petty Cash Book.

14.4 A statement showing the financial position of the Association shall be tabled at each Management Committee Meeting by the Treasurer.

14.5 A statement of income and expenditure, assets and liabilities and reconciled statements of all bank balances as at the end of the financial year shall be submitted to the Annual General Meeting.

14.6 The financial year of the Association shall commence on the 1st November each year.

14.7 The authorisers to the Association’s account/s will be designated by the Management Committee. Accounts must require at least two (2) authorisers.

15. COMMON SEAL:
The Common Seal of the Association shall be kept in the care of the Secretary. The Seal shall not be used or affixed to any deed or other document except pursuant to a resolution of the Management Committee and in the presence of at least the President and two (2) members of the Management Committee, both of whom shall subscribe their names as witnesses. The Secretary shall make a written record of each use of the common seal.


16. ALTERATIONS TO THE CONSTITUTION AND BY-LAWS:
16.1 No alteration, repeal or addition shall be made to the Constitution except at the Annual General Meeting, or General Meeting, called for that purpose and notice of all motions to alter, repeal or add to the Constitution shall be given to members fourteen (14) days prior to the Annual General Meeting, or seven (7) days prior to a General Meeting called for such purpose. As well

16.2 The Secretary shall forward such notices of motion to each Management Committee member at least fourteen (14) days prior to the Annual General Meeting or seven (7) days prior to a General Meeting.

16.3 Alterations to the By-Laws can only be made at Management Committee Meetings provided notice of the proposed alterations has been duly notified to Committee Members.

16.4 Such motions or any part thereof shall be of no effect unless passed by a seventy five percent (75%) majority (Special Resolution) of those present and entitled to vote at the Annual General Meeting, General Meeting or Management Committee Meeting, as the case may be.

16.5 Within one (1) month of the passing of a Special Resolution, the Secretary shall notify the relevant organisation, currently Consumer Protection, of the amendment.

17. DISSOLUTION:
If, on the winding up of the Association, any property of the Association remains after satisfaction of the debts and liabilities of the Association and the costs, charges and expenses of that winding up that property shall be distributed:
(a) to another incorporated association having similar objects to those of the Association; or
(b) for charitable or benevolent purposes, which incorporated association or purpose, as the case requires, shall be determined by resolution of the members.

18. DISPUTES AND MEDIATION
The grievance procedure set out in this rule applies to disputes under these rules between members or between members and the Association.

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

18.2 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 ten (10) days, hold a meeting in the presence of a mediator.

18.3 The mediator must be:
18.3.1 a person chosen by agreement between the parties; or
18.3.2 in the absence of agreement;
(a) in the case of a dispute between a member and another member, a person appointed by the Management Committee of the Association.
(b) in the case of a dispute between a member and the Association, a person who is a mediator appointed to, or nemployed with, a not for profit organisation.

18.4 A member of the Association can be a mediator.

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

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

18.7 The mediator, in conducting the mediation, must;
18.7.1 give the parties to the mediation process every opportunity to be heard.
18.7.2 allow due consideration by all parties of any written statement submitted by any party; and
18.7.3 ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.

18.8 The mediator must not determine the dispute.

18.9 The mediation must be confidential and without prejudice.

18.10 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 or otherwise at law.