Constitution

CONSTITUTION OF EAST DONCASTER CRICKET CLUB

EAST DONCASTER CRICKET CLUB Inc,

Established 1886; Incorporated 1986

CONSTITUTION (Updated 2020)

NAME
The Club shall be called the East Doncaster Cricket Club Incorporated and hereinafter be referred to as the ‘Club’.
AFFILIATION
1. The Club will affiliate with an Association or Associations, which is to be agreed to at each Annual Meeting by a three-fourths majority of those present.
2. The Club shall conduct it’s affairs in accordance with the Constitution of such Associations.
STATUS
The Club status is one of a non-profit organization. All surplus funds, dividends or profits generated throughout each season are retained annually and reinvested at the discretion of the Executive Committee for the benefit of the Clubs members. Changes to the Club status can only be voted on by members at the Annual General Meeting and require both a quorum (as stated in Section 11) and an approval rate of greater than 75%.
OBJECTIVES
The objectives of the Club shall be: -
1. The encouragement and promotion of the game of Cricket in East Doncaster.
2. The selection and management of teams to represent the Club.
PATRONS
The Club may from time to time invite persons as it shall deem fit to become Patrons of the Club and on their acceptance the Patrons so invited shall be appointed for a period not exceeding one year and shall enjoy all the rights and privileges of membership of the Club.
LIFE MEMBERSHIP
1. Life Members may be elected only at an Annual General Meeting of the Club by a threefourths majority of those present, provided that the written notice of nomination for such election shall be given to the Secretary at least 14 days before the meeting is held. The elected Life Member will receive their Life Membership at the following seasons Presentation Night.
2. Nominations for Life Membership will only be accepted if nominated or seconded by an existing life member.
3. Nominations for Life Membership will be reviewed by the Executive in relation to the nominees standing within the Club.
4. Life Membership shall be restricted to those whose service to Cricket and the Club has been deemed worthy of the highest honour and has extended over a period of not less then 10 years. In addition to a minimum 10 years continuous service with the Club, the following criteria shall apply to consideration of the nomination.
5. Privileges of a Life Member shall include the right to vote at all General and Executive Meetings, either in person, by writing or by proxy. This includes constitutional amendments and life membership nominations
6. Life members shall be awarded a badge of appropriate design.
7. If a Life Member resigns from the Club, he automatically forfeits his rights of attendance at any Executive Meeting and also forfeits his voting right at any Annual or General Meeting of the Club.
OFFICE BEARERS
The office bearers shall be President, Vice-President, Secretary, Junior President, Junior Secretary, Treasurer and Senior Cricket Manager. This group will be collectively known as the Executive.
MANAGEMENT
The Management of the Club shall be entrusted to an Executive consisting of the Office Bearers. These office bearers being entrusted with the delegation of tasks as determined by the Executive. These tasks can include assigning roles such as Material Manager, Club Delegate, Social co-ordinator, Sponsorship co-ordinator and Publicity officer.
SPECIAL GENERAL MEETING
1. A special general meeting may be convened at any time by the Executive and shall be convened within 7 days from the receipt of a requisition in writing, signed by not less than 12 members specifying the objects of the meeting.
2. Notices convening a Special General Meeting shall be sent to members not less than 48 hours before the meeting and shall specify the matters to be dealt with.
ANNUAL GENERAL MEETING
1. The Annual General meeting shall be held by the end of the month of June at such time and place as the Executive may determine for the following purposes including:-
  1. To receive Annual reports and statement of Accounts, for the preceding year.
  2. To elect Office bearers and Executive Members and to appoint the Auditor for the ensuring year.
  3. To elect the required number of delegates to represent the Club at the Association Annual Meeting.
  4. General matters
2. Minutes of the Annual General Meeting are to be distributed to all members within fourteen days of the meeting being held.
VOTING
1. No person shall be entitled to vote at the Annual Meeting of the Club, hold any office, be appointed to any Executive, until he has paid the appropriate fee within the timeframes and clauses stated in section 24. Any new member cannot participate in any meeting until the payment of applicable membership fees
2. All financial members and Life members shall be entitled to one vote. The President (or chairman) shall (except in relation to the election of President) have a deliberate vote and in case of equality shall have a second or casting vote.
3. Members must be 18 or over to be eligible to vote (Senior Members)
4. The election of office bearers shall be by a show of hands. If there is an equal vote for the office of President, the Vice-President, or in his absence the Secretary shall exercise a casting vote.
5. If initial voting does not show a clearly elected person, then a ballot can be held to determine the successful candidate. Three scrutineers shall be appointed at the Annual General Meeting and shall examine the complete ballot papers and report the result to the President who shall announce same.
6. Should any difference of opinion arise between the scrutineers, the matter shall be decided by the President, or Chairman whose decision shall be final.
7. No person, financial or otherwise, attending any meeting of the Club has the right to move and speak to any more than two motions at any meeting unless permitted to do so by the Chairman
ANNUAL & SPECIAL GENERAL MEETING QUORUM
1. Two-fifths of the number of registered Senior Members shall form a quorum at any Annual or General meeting.
2. Senior Members who do not attend Annual or Special General meetings, will be deemed to have endorsed any actions as voted upon by attendees, unless specifying otherwise in writing.
3. Applicants intending to nominate for the Executive positions of President and Secretary, must do so in writing no less the seven (7) days prior to the Annual General meeting or at a Special General meeting called for this purpose. Alternatively, they can be nominated by no less than two (2) members of the outgoing Executive, but this must also be done in writing no less the seven (7) days prior to the Annual General meeting or at a Special General meeting called for this purpose.
EXECUTIVE
1. The Executive hereinafter called the Executive shall be responsible for the management of the affairs of the Club in accordance with these By-Laws in conjunction with the Constitution of the Associations.
2. The election of members of the Executive shall take place as follows:-
  1. Each candidate for membership of the Executive shall be proposed and seconded at the Annual General meeting.
  2. In the absence of the candidate, the proposer and seconder must hand to the Secretary intimation in writing signed by the Candidate that he is willing to serve on the Executive if elected.
  3. If the number of Candidates exceeds the number to be elected, the Secretary shall issue to each member present a ballot paper containing the names of the Candidates for election and each such member shall be entitled to vote for any number of such candidates not exceeding the number to be elected.
3. The Executive shall hold office from their election until the next Annual General Meeting provided that any member of the Executive may tender his resignation in writing at least seven days prior to the meeting at which it will be considered unless exceptional circumstances forbid.
4. The Executive shall meet at least once a month during the Cricket Season. Any member who absents himself more than two successive Executive meetings without accepted apology shall forfeit office. Any vacancy so caused shall be a casual vacancy.
5. The Executive shall be empowered to select any member of the Club to fill any casual vacancy on the Executive.
6. The Executive shall have power to appoint from its own members or any other members of the Club, sub-Executives for a special purpose and to define and limit of the powers of such sub-Executives.
7. At any Executive meeting, three-fifths of the Executive shall form a quorum.
8. The Executive shall have the power to appoint up to two members to the Executive for specific purposes.
PERIOD OF OFFICE
All Office bearers of the Club shall continue to hold office until their successors have been duly elected at the next Annual meeting of the Club after their appointment, unless they resign or are removed for any reason in the meantime. Retiring officers shall be eligible for re-election.
CHAIRMAN
At all General and Executive meetings of the Club the President shall take the chair. In the absence of the President, the Vice-President and in his absence the Secretary, shall take the chair. If none of the aforementioned are present, a Chairman shall be elected. Every member present at the meeting shall have one vote upon every motion and in the case of equality of votes the person occupying the chair shall have a casting vote.
DUTIES OF SECRETARY
1. The Secretary also holds the office of Public Officer and will comply with the requirements of the Associations Incorporation Reform Act 2012 and:
  1. conduct the correspondence of the Club, convene and keep full and correct minutes of meetings in accordance with the Constitution and By-Laws and have the custody of documents belonging to the Club.
  2. be responsible for keeping a register of member’s names and addresses along with the type of membership. This includes maintaining an accurate register on the MyCricket system.
  3. be responsible for the duties of the Public Officer which includes the lodging of the Club’s annual statement within a month after the Annual General Meeting is held.
  4. be responsible for keeping records of all teams’ scores and individual performances, unless a specific Club member is entrusted with that task.
DUTIES OF HONORARY TREASURER
1. The Treasurer will be responsible for the receipt and disbursement of all funds. He shall disburse all monies for and on account of the Club, but shall not disburse any money without the authority of the Executive. He shall present a statement to each meeting showing receipts and payments and shall present an annual statement of accounts and balance-sheet duly audited at the close of each financial year.
2. Banking An account shall be opened in the name of the Club at any bank and the signature of the President, Secretary and Treasurer registered to operate same. Any two of these to be accepted by the bank in respect of cheques, orders or documents.
DUTIES OF JUNIOR PRESIDENT AND JUNIOR SECRETARY
1. The Club will elect a Junior President who will report directly to the Club President
2. The Club may choose to elect more than one Junior Secretary to assist the Junior President.
3. The Junior Secretary shall conduct the correspondence of the junior section of the Club, convene junior meetings, act as the contact point for all junior parents/guardians/players and and will manage all records relating to the junior section of the Club and act as the Clubs' representative to associations. The Junior Secretary shall keep full and correct minutes of all proceedings. The Junior Secretary shall be responsible for ensuring all teams’ scores and individual performances are entered into the appropriate website (eg. MyCricket), unless a specific Club member is entrusted with that task.
4. The Junior Secretary will be an Office Bearer within the Club executive and will liaise directly with Club President and Club Secretary for junior matters requiring Executive attention.
5. The Junior President and Junior Secretary may be financially remunerated for the period 1 September to 31 August of the subsequent year. This amount will be agreed upon by the Executive and is subject to review after each season.
HONORARY AUDITORS
1. One Auditor shall be appointed at the Annual General Meeting. He shall audit the annual statement of accounts and balance-sheets and certify the same.
2. The Auditor must meet the qualifications as set out under the Associations Incorporation Reform Act 2012
3. The Auditor cannot be a current office bearer or an employer/employee of an office bearer of the Club.
FINANCIAL YEAR
1. The Financial Year shall commence on the 1st of May of each year and end on the 30th of April the following year.
NOTICES
1. All notices shall be deemed duly delivered or served if sent by return receipt e-mail or by pre-paid post to addressee at his last known address or place of abode or business appearing on the books of the Secretary.
CONSTITUTION
1. No alterations shall be made to the Constitution except at the Annual General meeting of the Club or by a Special General meeting, duly called for the purpose and by a sixty per-cent vote of the members present and unless notice in writing of intention to propose the same shall have been given to the Secretary at least 14 days prior to the date of the Annual General meeting or of a Special General meeting duly called for the purpose.
BY-LAWS
1. By-Laws may be made, altered, amended, added to or rescinded as the occasion may require by a sixty per cent vote at any Annual or Special General Meeting and such ByLaws shall have full force and effect, provided they are not inconsistent with this Constitution. The By-Laws will now be included within the Constitution.
FEES & FINANCIAL MEMBERSHIP
1. All fees shall be paid to the Secretary and Treasurer by the 30th of November and a receipt shall be issued immediately. New players to be financial 30 days after registration. Full Payment of fees indicates that the member is financial
2. The Club executive can determine that a member is financial beyond the 30th of November, subject to
  1. That the member has agreed to a payment plan as determined by executive
  2. That the executive has agreed to a member’s extra-ordinary circumstances that delays full payment of fees.
  3. That the member has rendered services to the Club in lieu of payment (or part there-of) of fees, and this is agreed by the executive.
3. Fees are subject to revision each year. Such fees are to be determined at the Annual General Meeting and listed in By-Laws
SELECTION
1. Any member whose weekly dues are more than two weeks in arrears may not be considered for selection in any of the Clubs’ teams until such arrears are paid. The Captains shall advise the Chairman of Selectors of the name of any player whose weekly dues are in arrears.
2. Any member who has not paid their membership or annual subscription by 30 November (of any season) can be deemed ineligible for selection, unless permission is granted by the Club executive subject to clause 25.
3. The Chairman of Selectors shall have power to select any player to a team.
REGULATIONS DEALING WITH CONDUCT OF PLAYERS
1. All players shall appear in cricket attire as prescribed by the Associations.
2. If the conduct of a player is such that it is not in the best interest of the Club, Associations or of cricket generally, the Captain or Vice-Captain may suspend such player for the remainder of the match and report their action and reason therefore, in writing, to the Secretary within 72 hours of the alleged offence.
3. If the conduct of a member at training or at a Club function, is deemed to be not in the best interest of the Club, then the Executive reserves the right to fine, suspend or expel that member from the Club
4. Any member found guilty of sexual or racial comments will be disciplined in accordance with the Regulations Dealing With Conduct Of Players
5. Any member found using social media (inc Facebook, email, twitter) in a manner
  1. not in the best interest of the Club; or
  2. that causes offence to another member of the Club; or
  3. that causes offence to another club or an individual within another club; or
  4. that causes offence to the association or associations that the Club is a member or affiliated then the Executive may fine, suspend or expel that member from the Club.
6. Any member charged with a criminal offence, outside of Club activities, then the executive reserves the right to expel that member from the Club.
7. The Executive shall deal with all complaints by or against a player and for this purpose shall hold a Special Meeting not more than seven days after receipt of such report in writing to consider the complaint. Both parties to the complaint shall be given seven days notice to attend the meeting, such notice to be by registered post or e-mail.
8. All members have a right to be heard at any Special Meeting held to deal with complaints.
9. All members have a right to follow the grievance process as set out in the Associations Incorporation Reform Act 2012
AVERAGE AWARDS (SENIORS, VETERANS AND JUNIORS)

CLUB RESERVE
1. Withdrawals from the Club Reserve are to be exceptional rather than routine.
2. The Club Reserve is to have four signatures to sign (or electronically authorise) for any withdrawal. These are to be two non-playing Life Members, the incumbent Club President and Club Treasurer.
3. Club Reserve Signatories are NOT to authorise withdrawals unless they are satisfied (for example, sighting authorised minutes of a meeting) that a withdrawal has been approved by either a Club AGM or Extra-Ordinary General Meeting where at least 30% of the paid up membership are in attendance or have voted by proxy.
4. Withdrawals on the Club Reserve must not be authorized by both the Club President and Club Treasurer. At least one of the two non-playing Life Members must authorize withdrawals.
5. Club Reserve Signatories are to be noted in the minutes of the AGM each year. If a signatory becomes unavailable throughout the year then the Club Executive may appoint a like person to replace that signatory until the next AGM.
6. On the date of the East Doncaster Cricket Club Annual General Meeting, the Club Reserve is to hold a balance of funds that is equal to or greater than 20% of the total revenue that is reported in the books of account for the previous year. [Note: This means that if at the AGM it is reported that the revenue (turnover) of the Club was $100,000 for the reporting year ending then the Club Reserve balance is required to be equal to or more than $20,000).
7. Club Members may access the Club Reserve through a positive vote in an AGM or Extraordinary General Meeting (see item 3 above) It is not envisaged that the Club Reserve would be used for the purchasing of players, coaches and other on field assets. Valid reasons why such withdrawals might take place may include:
  1. Club funds have been run down to such a level (through bad management or misadventure) that an amount of money is approved to allow continued operation
  2. The Club’s existence is financially threatened
  3. The Club may choose to use the Club Reserve as security for a loan or investment opportunity.
8. The level of the Club Reserve is to be reviewed by the Club Auditor each year to ensure compliance with the Club Constitution. The Audit comment is to be presented at the AGM each year for confirmation by the Club members.
9. Funds that flow from the Club Reserve (interest from investments) can be used by the Club for normal operations or reinvested into the Club Reserve. This decision is within the delegation of the Club Executive of the time.
10. The Club Reserve may form a series of investment opportunities or funds. In each case the same withdrawal criteria applies. [In future years, the Club may form a portfolio approach to the Club Reserve that may have a number of financial instruments included. The Club Executive is authorised to approve to signatories the movement of funds from one investment vehicle to another on behalf of the members but are NOT authorised to lower the overall level of the Club Reserve. This can only be done as per the procedures stated above.
ADVICE
The Club may, on the recommendation of the Executive, co-opt or confer with a person competent in some branch of cricket whose services and/or advice would, in the opinion of the Executive, benefit the Club. In recognition of such services, the Club may fix the fee to be paid to the person so engaged, co-opted or consulted.
REGULATIONS CONCERNING CONDUCT OF MEETINGS
At all meetings of the Club, Annual, General or Executive, the ordinary rules of debate shall apply.
CLUB COLOURS
The official colours of the Club shall be Navy and Sky Blue.
CLUB LOGO
The official logo of the Club will be a Lion sporting cricketing equipment. This logo is to present on all Club documentation, letters and playing uniforms.
SPONSORSHIP
That one or more primary sponsors of the Club can be appointed. These sponsors will adopt the rulings of the governing associations and can be incorporated as a badge on the playing uniform, and advertising at Club in newsletters, in Club-rooms and around grounds.
MERGE WITH ANOTHER ENTITY
In the event that the club formally approaches (in writing) or is formally approached (in writing) by another club, association, cricket governing body or local government with the intent of combining (merging) the club with another club, the following will occur:
1. A special general meeting will be called, where all current members and life members will be notified and requested to attend;
2. and the specifics of the merger will be positioned which will include
  1. financial position of both entities;
  2. proposed executive structure;
  3. proposed senior, junior, and veterans cricket structure; and
  4. physical assets (grounds, equipment etc) of both entities
The objective of this meeting will be to determine the benefits (or otherwise) of such merger and for club members and life members to determine what should be done with existing finances and assets. A vote will then be held where a minimum of 75% acceptance will be required for merger to be approved. Written proxies will be accepted for current members and life members that cannot attend. In the event of the club members and life members agreeing to a merger, the following conditions will be met.
1. a new entity will incorporated
2. the financials and assets of the East Doncaster Cricket Club will be actioned as per the directive of current and life members
3. a new My Cricket Org ID will be created
4. all historical on-line records of the club will be maintained under the previous East Doncaster entity (Org ID 1139) and will not be included as part of the new entity.
UNFORSEEN MATTERS
Should any matter arise for which the provision has not been made in the Constitution, the Executive shall take such action as necessary to protect the interests of the Club.
BY-LAWS
NB: The intent of this section is for items that are subject to regular change.
1. DETAILS OF MEMBERSHIP AND ANNUAL SUBSCRIPTION FEES.
  1. Annual subscription fees are inclusive of club membership fees.
  2. All game-day fees are included in Annual subscription fees.
  3. Club membership is effective for 12 months, commencing from 1 September of each year.
  4. Members can nominate for a position on the Club executive.
  5. Members can enter the Clubrooms without signing in and can invite and sign in guests to Clubrooms.
  6. Members will be covered by the Club insurance policy.
  7. A financial member is that determined by clause 24.
  8. A senior member is one who is at least 18 years old and is not a student.
  9. A student member is one who is attending secondary school, is completing a trade apprenticeship, or is deemed a full-time university student (but can be working parttime) and is not a junior member.
  10. A junior member is one who is playing in a Cricket Australia recognized Junior Program1.
    
    1. The description of a Junior Program can be found on www.playcricket.com.au
    
    Annual Subscription fees (including Membership, and Game-dayfees) for the following categories of membership will be set at each Annual General Meetings.
    
    Senior player annual fees
    Senior player annual fees (student)
    Junior Player annual fees (first child)
    Junior Player annual fees (subsequent child)
    Veteran Player annual fees
2. CLUB AWARDS
  This section is used to detail the qualification for the other Club awards CLUB CHAMPION – KEITH FLAVEL AWARD Club Champion is restricted to First XI games including finals. The points system that determines the Club Champion is as follows:
  
  CLUB CHAMPION – KEITH FLAVEL AWARD
  - 20 points per game
  - 1 Point per run scored
  - 5 Points per catch
  - 5 Points per run out (with each player receiving five points if involved in run out)
  - 5 Points per stumping
  - 10 Points per assisted wicket
  - 15 Points per unassisted wicket
3. INSURANCE
  1. The Club and players will be covered by the Insurance policy as determined by the Club and/or associations. This insurance must include indemnity for libel action against an office bearer acting in the best interests of the club, third-party bodily injury and property damage as a result of activities undertaken by a registered member of the Club.
  2. Although Club insurance policy may include provision for personal injury to members, all members are responsible for private and personal coverage which will take precedence.
  Download a copy of the Club's constitution document via the link below.