Constitution and Code of Conduct

CHATSWOOD CROQUET CLUB INC.

CONSTITUTION

25 July 2008

 CONTENTS

  1. NAME
  2. OBJECTIVES
  3. MEMBERSHIP
  4. COMMITTEE
  5. GENERAL MEETINGS
  6. PUBLIC OFFICER
  7. PUBLIC SEAL
  8. CUSTODY AND INSPECTION OF BOOKS
  9. FUNDS
  10. MANAGEMENT
  11. INSURANCE
  12. WINDING UP OF CLUB
  13. ALTERATIONS OF OBJECTIVES AND RULES
  14. CROQUET EVENTS AND LAWS
  15. MATTERS NOT COVERED BY THESE RULES
  16. NAME

The name of the incorporated association is Chatswood Croquet Club Incorporated (‘the Club’).  It was incorporated on 1 August 1994, with Registered Number Y2008305 and ABN 78 080 468 982.

  1. OBJECTIVES

The objectives of the Club are:

  • to provide facilities and opportunities for members to play the game of croquet, or other similar mallet sports and
  • to promote and advance interest in the game of croquet in the local area.

RULES OF CHATSWOOD CROQUET CLUB INC.

  1. MEMBERSHIP

3.1 MEMBERSHIP QUALIFICATIONS

3.1.1    Membership of the Club is to be one of the following: Ordinary Member, Life Member, Junior Member, Social Member or Temporary Member.

(a)     An ordinary member is a full playing-member who is over the age of eighteen years and pays the full subscription, including affiliation fees with Croquet New South Wales Incorporated.

(b)     A life member is a full-playing member who is, in consideration of long and meritorious service to the Club, granted life membership.  No such grant is to be made except on the recommendation of the Committee made to and subsequently adopted by an Annual General meeting.  A life member is not required to pay an annual subscription.

(c)     A junior member is a member under the age of eighteen (18) years who is entitled to use the facilities only if a full-playing member is present.  A junior member pays half fees (joining fee and annual subscription).

(d)     A social member is a non-playing member or one whose play is restricted to games played on days designated as social days.  A social member pays an annual subscription determined by the Committee.

(e)     A temporary member is a person who is a member or affiliate of another croquet club or association from overseas, other States or NSW country clubs and who may be admitted to membership for a period not exceeding three months.  The Committee has power to admit such players as temporary members, and determine the subscription, if any, to be paid.

3.1.2    A person ceases to be a member of the Club if the person:

(a)     dies, or

(b)     resigns membership, or

(c)     is expelled from the Club, or

(d)     fails to pay the annual subscription attributable to the member’s class of membership by the due date.  In special circumstances, the Committee has the power to determine that the person may be re-admitted to membership upon payment to the Club of the amount of the annual subscription.

3.2 NOMINATION FOR MEMBERSHIP

3.2.1    A nomination of a person for membership of the Club:

(a)     is to be made by a member of the Club in writing on a form prescribed by the Committee, and signed by the nominee and a proposer and seconder who are members of the club and

(b)     is to be lodged with the Secretary, and accompanied by the entrance fee and annual subscription payable for the class of membership being sought

3.2.2    As soon as practicable after receiving a nomination for membership, and provided there are vacancies for new members, the Secretary shall post it on the Club’s notice board where it is to remain for a period of not less than 14 days, endorse it with the date it was so posted and refer the nomination to the Committee which is to determine whether to approve or to reject the nomination.  If the Committee’s determination is given before the expiration of the period of 14 days, it shall not come into effect until that period has elapsed and the committee may vary its determination within that period.

3.2.3    As soon as practicable after the Committee’s determination comes into effect, the Secretary must:

(a)     notify the nominee in writing of the Committee’s determination, and

(b)     if the Committee approved the nomination, enter the nominee’s name in the register of members and, on the name being so entered, the nominee becomes a member of the Club, or

(c)     if the Committee rejected the nomination, refund the sum received as provided by rule 3.2.1(b) to the nominee without deduction.

3.3 MEMBERSHIP ENTITLEMENTS

3.3.1    Ordinary members, life members and temporary members (full playing members) are entitled to use the Club’s facilities including the croquet courts and equipment at any time, except on specific occasions as determined by the Committee, when all or some courts are to be reserved for special events, inter-club matches, tournaments, coaching sessions, hire to corporate or social groups, or for lawn maintenance.

3.3.2    Social members are restricted to play on social days only

3.3.3    Ordinary members and life members are the only categories entitled to vote or hold office

3.3.4    A right, privilege or obligation which a person has by reason of being a member of the Club:

(a)   cannot be transferred or transmitted to another person,

(b)   terminates on cessation of the person’s membership, and

(c)   is acquired, terminated or modified if a person is transferred from one class of membership to another, consistent with the conditions applying in the class of membership to which the person is transferred.

3.3.5    A full-playing member may invite a visitor to the Club as their guest, and as such, the visitor may play accompanied by a full playing member.  A visitor pays lawn fees, as determined by the Committee.

3.4 REGISTER OF MEMBERS

The Secretary must establish and maintain a register of members of the Club showing the name, address, date of joining and class of membership

3.5 FEES, SUBSCRIPTIONS

3.5.1 The Committee shall determine the joining fee, the annual subscription including affiliation fee and the attendance fee, to be paid by members of the Club, at least six (6) weeks prior to the end of each financial year, 30th June.  These fees may not subsequently be varied except by resolution of a general meeting.

3.5.2  A member of the Club shall, on or prior to admission to membership, pay to the Club an entrance fee as determined by the Committee.

3.5.3  A member of the Club must pay to the Club an annual subscription, including affiliation fee, payable by the first day of each financial year, 1st July, as determined by the Committee, except in the case of a member joining after the start of the financial year, when the Committee may allow some reduction for that financial year.

3.5.4  All members of the Club shall pay a lawn fee, as determined by the Committee, for each day that they use the Club’s lawns for practice, playing croquet games or other mallet sports.

3.5.5  A visitor shall pay a lawn fee, as determined by the Committee.

3.5.6  Acceptance of a member’s resignation shall not entitle a member to any refund of fees or subscriptions payable under these rules,

3.6 OBLIGATIONS OF MEMBERS

All members must comply with the rules of the Club and do all things conducive to the successful functioning of the Club and achievement of its objectives.

3.7 MEMBER’S LIABILITIES

The liability of a member of the Club to contribute towards the payment of the debts and liabilities of the Club or the costs, charges and expenses of the winding up of the Club is limited to the amount, if any, unpaid by the member in respect of membership of the Club as required by rule 3.5.

 3.8 DISCIPLINING MEMBERS

3.8.1    A complaint may be made to the Committee by any person that a member of the Club:

(a)     has persistently refused or neglected to comply with a provision or provisions of these rules, or

(b)     has persistently and wilfully acted in a manner prejudicial to the interests of the Club.

3.8.2    On receiving such a complaint, the Committee:

(a)     must cause notice of the complaint to be served on the member concerned, and

(b)     must give the member at least 14 days from the time the notice is served within which to make submissions to the Committee in connection with the complaint, and

(c).    must take into consideration any submissions made by the member in connection with the complaint.

3.8.3  The Committee may, by resolution, expel the member from the Club, suspend the member from membership of the Club or caution the offending member if, after considering the complaint and any submissions made in connection with the complaint, it is satisfied that the facts alleged in the complaint have been proved.

3.8.4  If the Committee expels or suspends a member, the Secretary must, within 7 days after the action is taken, cause written notice to be given to the member of the action taken, of the reasons given by the Committee for having taken that action and of the member’s right of appeal as described in the Model Rules.

3.8.5    The expulsion or suspension does not take effect:

(a)     until the expiration of the period within which the member is entitled to appeal against the resolution concerned, or

(b)     if within that period the member exercises the right of appeal, unless and until the Club confirms the resolution as described in the Model Rules, whichever is the later.

 COMMITTEE

4.1 POWERS OF THE COMMITTEE

4.1.1    The Committee has control and management of the business and affairs of the Club.

4.1.2    The Committee has power to make, rescind or amend regulations of play.

4.1.3    The Committee has power to declare by resolution that membership of the Club during the whole or any portion of its term of office shall not exceed a number fixed by it.

4.1.4    The Committee has power to admit players from overseas, other  States and NSW country clubs to membership of the Club for a period not exceeding three (3) months and to determine the subscription, if any, to be paid.

4.1.5    The Committee has power to appoint and instruct two delegates and two proxy delegates to Croquet New South Wales (CNSW) NSW Council meetings.

4.2 MEMBERSHIP OF THE COMMITTEE

4.2.1    The Committee consists of not more than nine (9) members, including a President, Vice-President, Secretary and Treasurer, all of whom are elected at each Annual General Meeting.

4.2.2    Only financial ordinary members and life members are eligible to be office-bearers or members of the Committee.

4.2.3    Each member of the Committee normally holds office until the conclusion of the annual general meeting following the date of the member’s election, and, except as provided in clause 4.2.4, is eligible for re-election.

4.2.4    The President shall not hold office for more than three (3) consecutive years, but may stand for re-election of that office after a break of at least one year.

4.2.5    The Immediate past President shall be a member of the Committee for a period of twelve (12) months after retirement.

4.2.6    A member who is an office-bearer in another croquet club is not eligible to be an office-bearer or a Committee member in the Club. In this clause “another croquet club” does not include an association with which the Club is affiliated

4.2.7    In the event of a casual vacancy occurring in the membership of the Committee, the Committee may appoint a member of the Club to fill the vacancy and the member so appointed is to hold office, subject to these rules, until the conclusion of the annual general meeting next following the date of the appointment.

4.2.8    The Committee may appoint an Assistant Secretary and an Assistant Treasurer from its membership and may co-opt Club members to the Committee, providing the total Committee membership does not exceed the maximum in Clause 4.2.1.

4.2.9    The Committee may delegate any of the duties of the Secretary or Treasurer to the Assistant Secretary or Assistant Treasurer as appropriate.

4.3 EXECUTIVE OFFICERS

4.3.1    The Executive shall consist of the President, the Vice-President, the Secretary and the Treasurer.  The Executive has power to deal with any matter of urgency which may arise, such matters being reported to the next Committee meeting.

4.3.2    The Treasurer:

(a)     collects and receives all monies due to the Club,

(b)     makes all payments as authorised by the Committee,

(c)     ensures that correct books and accounts are kept showing the financial affairs of the Club, including full details of all receipts and expenditure connected with the activities of the Club, and

(d)     has custody of all records, books and documents relating to the financial transactions of the Club.

4.3.3    The Treasurer must submit the Club’s books for audit and provide a full financial report including a statement of receipts and payments to the Annual General Meeting.

4.3.4    The Secretary:

(a)     maintains all correspondence in connection with the Club,

(b)     convenes meetings as requested by the President or the Committee,

(c)     tables at each committee meeting copies of all correspondence sent and received, and

(d)     is responsible for the minutes of such meetings.

4.3.5    The Secretary must include in the minutes of Committee meetings:

(a)     all appointments of office-bearers and Committee members;

(b)     the names of members of the Committee present at a committee meeting; and

(c)     all proceedings of Committee meetings.

4.3.6    The Secretary must ensure that minutes of each meeting are:

(a)     signed by the chairman of the meeting;

(b)     kept up to date; and

(c)     housed at the Club premises.

4.3.7    The Secretary, as soon as practicable after being appointed as secretary, must lodge notice with the Club of his or her address..

4.3.8    The Secretary must establish and maintain a register of members of the Club showing the name, address, date of joining and class of membership.

4.3.9    The Secretary prepares the Committee’s report to be presented at the Annual General Meeting.

4.4 ELECTION OF COMMITTEE MEMBERS

4.4.1    Nominations of candidates for election as office-bearers or as ordinary members of the committee must be made in writing, signed by a proposer and a seconder who are ordinary or life members of the Club and signed by the nominee consenting to such nomination.

4.4.2    All nominations must be lodged with the Secretary at least seven (7) days prior to the date of the Annual General Meeting and posted on the Club’s noticeboard.

4.5 MEETINGS AND QUORUM

4.5.1    The Committee holds regular meetings, usually one meeting in each month at such dates and times as the Committee may determine.

4.5.2    All Committee meetings are open to Club members, but members who attend such meetings do not have the right to vote, nor may they address the Committee except at the invitation of the person presiding at the meeting.  Such invitation may be given subject to conditions limiting the period of time of the address, or may be revoked.

4.5.3    Meetings may be called and held using any method consented to by all committee members.  The consent may be a standing one.

4.5.4    Oral, written or email notice of a meeting of the Committee is to be given by the Secretary to each member of the Committee at least seven (7) days prior to the time appointed for holding the meeting.

4.5.5    The quorum for meetings of the Committee is four (4) members.

4.5.6    If any member of the Committee is absent from three (3) consecutive regular meetings without the consent of the Committee, such person shall cease to be a member of the Committee.

4.5.7    Special meetings of the Committee may be called at any time it is deemed necessary by the President, or by four (4) Members of the Committee.  Not less than seven (7) days notice is to be given prior to such meeting.

4.5.8    Notice of a meeting given under clause 4.5.4 is to specify the general nature of the business to be transacted at the meeting and no business other than that business is to be transacted at the meeting, except business which the Committee members present at the meeting unanimously agree to treat as urgent business.

4.6 SUB-COMMITTEES

4.6.1    The Committee has power to appoint such Sub-Committees as it deems advisable.

4.6.2    The President  is ex-officio a member of all the Sub-Committees.

4.6.3    The Committee nominates one member of the sub-committee as its Chair.

4.6.4    A sub-committee may meet and adjourn, as it thinks proper.

4.6.5    All delegations under this rule lapse at the commencement of the first meeting of the Committee held after the annual general meeting, but the Committee at its first or a subsequent meeting may resolve to re-instate all or such of them as it specifies.

 5. GENERAL MEETINGS

5.1 ANNUAL GENERAL MEETING

5.1.1    The annual general meeting of members shall be held each year within three (3) months of the end of the financial year, on a date to be determined by the Committee.

5.1.2    In addition to any other business which may be transacted at an annual general meeting, the business of an annual general meeting must include the following:

(a)     minutes of the last preceding annual general meeting and of any special general meeting held since that meeting for confirmation.

(b)     the Committee reports (including a President’s report and a Secretary’s report) on the activities of the Club during the last preceding financial year.

(c)     Nomination of office-bearers of the Club and ordinary members of the Committee for election at the meeting

(d)     the financial statement which is required to be submitted to members under section 26(6) of the Act for consideration by the meeting

(e)     appointment of  the Public Officer

5.1.3    An Auditor and a Patron or Patrons of the Club, may be appointed on the recommendation of the Committee made to, and subsequently adopted by, the annual general meeting.

5.1.4    An annual general meeting must be specified as such in the notice convening it.

5.1.5    All notices of motion must be in writing, signed by the mover and seconder, and lodged with the Secretary not less than twenty-eight (28) days prior to the date of the meeting.

5.1.6    Notices of an annual general meeting must be circulated to all members and a copy posted on the Club’s noticeboard not less than fourteen (14) days prior to such meeting.  The notice must include the date, time and place of the meeting and copies of all notices of motion to be discussed and resolved at the annual general meeting.

5.2 SPECIAL GENERAL MEETING

5.2.1    A special general meeting of members of the Club may be convened by the Committee at any time.

5.2.2    A special general meeting must be convened within twenty-eight (28) days from the receipt of a requisition in writing, signed by not less than eight (8) members of the Club, specifying the object of the meeting.

5.2.3    A requisition of members for a special general meeting must:

(a)     state the purpose or purposes of the meeting, and

(b)     be signed by the members making the requisition, and

(c)     be lodged with the Secretary, and

(d)     may consist of several documents in a similar form, each signed by one or more of the members making the requisition

5.2.4    No other business is to be brought forward or discussed other than that for which the special general meeting was called.

5.2.5    A notice convening a special general meeting must be posted on the Club’s noticeboard  and circulated to all members not less than twenty-one (21) days before the meeting specifying the matters to be dealt with.. Exhibits relevant to the matters to be resolved will be available for inspection in the clubhouse.

5.3 SPECIAL RESOLUTION

5.3.1    A special general meeting must be convened to deal with any alteration or addition to any part of this constitution, which can only be done by special resolution.

5.3.2    Notices for special general meetings convened pursuant to clause 5.3.1 must specify the special resolutions to be considered.

5.3.3    A special resolution is passed by a three quarters majority of members present, voting in person and eligible under the constitution to do so.

5.4 PROCEDURE

5.4.1    All resolutions, except special resolutions, are to be decided by a simple majority of members present and eligible to vote.

5.4.2    In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote.

5.4.3    At all general meetings, fifteen (15) members, eligible to vote and personally present, or one quarter of the number of members so entitled to vote, whichever is the lesser, constitute a quorum. 

5.4.4    The President or, in the president’s absence, the vice-president, presides as chairman at each general meeting of the Club.

5.4.5    If the president and vice-president are absent or unwilling to act, the members present shall elect one of their number to preside as chairman at the meeting.

  1.   PUBLIC OFFICER

6.1       The Public Officer must be a member of the Club eligible under clause 3.3.3 to hold office, resident in NSW and appointed by the Committee.

6.2       The Public Officer must:

(a)     notify the Office of Fair Trading of appointment or of a change of address within fourteen (14) days;(b)     notify the Office of Fair Trading of alterations to the constitution of the Club within one (1) month;(c)     make application for any change of name of the Club; (d)     lodge documents in respect of the annual general meeting and such documents as are required by the Office of Fair Trading;

(e)     be responsible for the setting up and maintenance of the register of members.

 7.    PUBLIC SEAL

7.1       The common seal of the Club must be kept in the custody of the Public Officer.

7.2       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 of two (2) members of the Committee or of 1 member of the Committee and of the Public Officer or Secretary.

  1.    CUSTODY AND INSPECTION OF BOOKS

8.1       Except as otherwise provided by these rules, the Public Officer must keep in his or her custody or under his or her control all records, books and other documents relating to the Club.

8.2       The records, books and other documents of the Club shall be open to inspection in the Clubhouse, free of charge, on written request by a member of the Club at any reasonable hour.

 9.   FUNDS

9.1 SOURCE

9.1.1    The funds of the Club are to be derived from joining fees, annual subscriptions of members, lawn fees, donations, grants and such other sources as the Committee determines.

9.1.2    All money received by the Club must be deposited as soon as practicable and without deduction to the credit of the Club’s bank account.

9.1.3    The Club must, as soon as practicable after receiving the money, issue an appropriate receipt.

9.2 MANAGEMENT

9.2.1    Subject to any resolution passed by the Club in a General Meeting, the funds of the Club are to be used in pursuance of the objectives of the Club in such manner as the Committee determines.

9.2.2    All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by any two (2) of the nominated signatories authorised to do so by the Committee.

  1.   INSURANCE

The Committee must effect and maintain insurance as is required under the Associations Incorporation Act together with any other insurance which may be required by law or deemed necessary.

 11.   WINDING UP OF CLUB

In the event of the winding up of the Club, which is classified as “exempt from tax” by the Australian Tax Office, any surplus property of the Club shall be distributed to another fund exempt from Income Tax.

  1. ALTERATIONS OF OBJECTIVES AND RULES

The statement of objectives and these rules may be altered, rescinded or added to only by a special resolution of the Club.

  1. DRESS

The Club’s colour is cherry red.

 14.   CROQUET EVENTS AND LAWS

14.1     All Club events are played under such regulations and at such times as the Committee may determine.

14.2     The Club accepts the Croquet NSW Inc. regulations determining the eligibility of its players in any Croquet NSW Incorporated event.

14.3     Subject to these rules and to the Association Incorporation Act and Regulations, members of this Club are bound by the laws of the game of croquet as adopted from time to time by Croquet NSW Inc.

 

  1. MATTERS NOT COVERED BY THESE RULES

Any matters not covered in these rules but covered in the Model Rules provided by the Office of Fair Trading are deemed to be included in these rules, as provided by subsection 3 of section 19 of the Associations Incorporations Act, 1984.

Code of Conduct

CHATSWOOD CROQUET CLUB Inc.

CODE OF CONDUCT

  1. Be honest respectful and considerate when dealing with other members.
  2. Whether in social or tournament play be aware or the need for courteous and expeditious play. When sharing a lawn in double-banked play:
    • Do not walk across the line of another player’s shot.
    • Do not send balls into close proximity of other players.
    • When deciding who should play first it is customary to give way to the player in a break, but ACA laws also provide that the player who can clear the area more quickly should go first.
  3. Do not practice on a lawn that is being used for competition play. On other occasions lawns should be shared, except if already double-banked. The regular game must always receive right of way.
  4. Wear the approved uniform on Club playing days.
  1. Observe acceptable grooming and dress on Club premises.
  1. Uphold the good name and reputation of the Club and the spirit of croquet.
  1. Support any member of the Club and the work they do on its behalf.
  1. Verbal or other abuse of fellow members is not acceptable.
  1. Any form of harassment towards other players, or threat thereof, including the use of threatening or abusive language is prohibited.
  1. As much as possible ignore any isolated incidents of unsporting behaviour encountered.
  1. Complaints about the behaviour of other members are to be brought directly to a member of the Executive and will only be handled at Executive level initially

The Executive has the right to warn any member who does not meet this standard of conduct. Subject to the relevant provisions of the Constitution being met the Committee may take further action (including exclusion or expulsion from the Club) against any member who fails to meet the standard of conduct deemed appropriate.