STNA Constitution

Constitution Index

1.0 Name of Association
2.0 Interpretation
3.0 Association Office
4.0 Objects and purposes of the Association
5.0 Membership of the Association
6.0 Income and property of Association
7.0 Accounts of receipts and expenditure
8.0 Banking and finance
9.0 Audit of accounts
10.0 Annual General meeting
11.0 Special General meetings
12.0 Notices of General meetings
13.0 Business and quorum at General meetings
14.0 Adjournment of General meetings
15.0 Determination of questions arising at General meetings
16.0 Votes
17.0 Taking of poll
18.0 When poll to be taken
19.0 Board of Management
20.0 Officers of the Association
21.0 Constitution of the Board of Management
22.0 Election of members of Board of Management
23.0 The Netball Management Committee
24.0 Vacation of office
25.0 Meetings of the Board of Management
26.0 Conduct of all meetings other than Annual General meetings
27.0 Disclosure of interest in contracts
28.0 Committees and Subcommittees
29.0 Executive
30.0 Annual subscription
31.0 Financial year
32.0 Notices
33.0 Expulsion of members
34.0 Appeal against expulsion
35.0 Disputes
36.0 Seal of Association
37.0 Club Licence

1.0 Name of Association
(a) The name of the Association is as follows: The Southern Tasmanian Netball Association (Inc)
(b) The Colours of the Association are Royal Blue and Gold

2.0 Interpretation
2.1 In these rules
(a) "Act" means the Associations Incorporation Act 1964;
(b) "Association" means the association referred to in Rule 1;
(c) "General meeting" includes –
i. the Annual General meeting; and
ii. any Special General meeting;
(d) "ordinary business of the Annual General meeting" means the business specified in rule 10.5;
(e) "Special General meeting" means any General meeting other than the Annual General meeting.
(f) “Club” means an STNA Netball Club having three or more teams registered in the same name.
2.2 For the purpose of these Rules the Board of Management is to be regarded as the Committee of Management as defined by the Act
2.3 Abbreviations
(a) STNA Southern Tasmanian Netball Association
(b) TNA Tasmanian Netball Association

3.0 Association Office
(a) The Association’s Offices are at The Creek Road Netball Centre, corner of Main Road and Creek Road, Newtown, Tasmania.

4.0 Objects and purposes of the Association
4.1 The basic objects of the Association are:
(a) To encourage, promote, control and manage all matters pertaining to the game of netball
(b) To abide by the Official Rules of the International Federation and the interpretation thereof as determined by the Federation and/or the All Australian Netball Association
(c) To diversify the use and activities of the Creek Road Netball Centre to maximise the Association’s financial position.
4.2 In addition to the basic objects of the Association, the objects and purposes of the Association include the following:
(a) the purchase, taking on lease or in exchange, and the hiring or otherwise acquiring of any real or personal property necessary or convenient for any of the objects or purposes of the Association;
(b) the buying, selling and supplying of, and dealing in, goods of all kinds;
(c) the construction, maintenance and alteration of buildings or works necessary or convenient for any of the objects or purposes of the Association;
(d) the accepting of any gift for any one or more of the objects or purposes of the Association;
(e) the taking of any step the Board of Management or the members in General meeting or a Special General meeting consider expedient for the purpose of procuring contributions to the funds of the Association;
(f) the printing and publishing of any newspapers, periodicals, books, leaflets or other documents the Board of Management or the members in General meeting consider desirable for the promotion of the objects and purposes of the Association;
(g) the borrowing and raising of money in any manner and on terms –
i. the Board of Management thinks fit; or
ii. approved or directed by resolution passed at a General meeting;
(h) subject to the provisions of the Trustee Act 1898, the investment of any moneys of the Association not immediately required for any of its objects or purposes in any manner the Board of Management determines;
(i) the making of gifts, subscriptions or donations to any of the funds, authorities or institutions to which section 78(1)(a) of the Income Tax Assessment Act 1936 of the Commonwealth relates;
(j) the establishment and support, or aiding in the establishment or support, of any other association formed for any of the basic objects of the Association;
(k) the purchase or acquisition, and undertaking, of all or any part of the property, assets, liabilities and engagements of any association with which the Association may become amalgamated in accordance with the provisions of the Act and the Rules of the Association;
(l) the doing of any lawful thing incidental or conducive to the attainment of the basic objects of the Association or of any of the objects and purposes specified in this rule;
(m) to employ and define the duties of employees for furthering the objects of the Association.

5.0 Membership of the Association
5.1 A person who is nominated and approved for membership as provided in these rules is eligible to be a member of the Association on payment of the annual subscription fixed under these rules.
5.2 The following will be the classes of membership of the Association:
(a) Playing Members: Senior and Junior (17 and under as per TNA rules). Playing Members must apply for membership through a Club
(b) Non-playing Members: Senior and Junior (17 and under as per TNA rules). Non-playing Members may apply for membership through a Club or directly to STNA
(c) Life Members
5.3 A nomination of a person for membership of the Association is to be –
(a) on the STNA Membership Application form.
(b) lodged at the Association’s Offices
(c) on a nomination being accepted and upon receipt of the membership fee the nominee's name will be entered in a register of members
5.4 A member of the Association may resign by written notice delivered to the Association’s Offices
5.5 On receipt of a notice from a member under rule 5.4, the name of the member is to be removed from the register of members.
5.6 A person –
(a) becomes a member of the Association when his or her name is entered in the register of members; and
(b) ceases to be a member of the Association when his or her name is removed from the register of members.
5.7 Any right, privilege or obligation of a person as a member of the Association –
(a) is not capable of being transferred or transmitted to another person; and
(b) terminates on the cessation of the membership.
5.8 If the Association is wound up –
(a) every member of the Association; and
(b) every person who, within the period of 12 months immediately preceding the commencement of the winding up, was a member of the Association –
i. is liable to contribute –
(c) to the assets of the Association for payment of the debts or liabilities of the Association; and
(d) for the costs, charges and expenses of the winding up; and
(e) for the adjustment of the rights of the contributories among themselves.
5.9 Dissolution
(a) In the event of the Association being dissolved, the amount that remains after such dissolution and the satisfaction of all debts and liabilities shall be transferred to another organisation with a similar purpose which is not carried on for the profit or gain of its individual members.
(b) Any liability under rule 5.8 is not to exceed $5.00
(c) A former member is not liable to contribute under rule 5.8 in respect of any debt or liability of the Association contracted after he or she ceased to be a member.

6.0 Income and property of Association
6.1 The assets and income of the Association shall be applied solely in furtherance of its above-mentioned objects and no portion shall be distributed directly or indirectly to the members of the Association except as bona fide compensation for services rendered or expenses incurred on behalf of the Association.
6.2 The Association is not to –
(a) appoint a person who is a member of the Board of Management to any position where there is remuneration by way of salary, fees or allowances except in the case of out of pocket expenses
6.3 An employee or member of the Association may be paid –
(a) remuneration in return for services rendered to the Association or for goods supplied to the Association in the ordinary course of business; or
(b) interest at a rate not exceeding 7% on money lent to the Association; or
(c) a reasonable and proper sum by way of rent for premises let to the Association.

7.0 Accounts of receipts and expenditure
7.1 True accounts are to be kept of –
(a) all money received and expended by the Association and the manner in which the receipt or expenditure takes place;
(b) the property, credits and liabilities of the Association.
7.2 The accounts are to be open to inspection by the members of the Association subject to any reasonable restrictions.
7.3 The treasurer of the Association is responsible for the maintenance of all general records, accounting books and records of receipts and expenditure connected with the operations and business of the Association in the form and manner the Board of Management directs.
7.4 The accounts, books and records are to be kept at the Association's Offices

8.0 Banking and finance
8.1 The treasurer is responsible for the submission of annual revenue and expenditure forecasts to the Board of Management
8.2 The Board of Management shall maintain such bank accounts as required for the business of the Association.
8.3 The treasurer will take responsibility to receive, receipt and bank all moneys paid to the Association.
8.4 Payments are not to be drawn on the Association's account except for the payment of expenditure that has been authorised by the Board of Management.
8.5 All payments must be co-signed. Signatories will be nominated by the Board of Management.

9.0 Audit of accounts
9.1 The Board of Management is responsible for submitting the Association’s accounts for audit annually.
9.2 The audited statement will be part of the Annual Report presented at each AGM.

10.0 Annual General meeting
10.1 The Association is to hold an Annual General meeting each year.
10.2 The Annual General meeting is to be held on any day the Board of Management determines but being no later than 3 months after the close of the financial year of the Association.
10.3 The Annual General meeting is to be in addition to any other General meetings that may be held in the same year.
10.4 The notice convening the Annual General meeting is to specify the purpose of the meeting.
10.5 The ordinary business of the Annual General meeting is to be as follows:
(a) to confirm the minutes of the last preceding Annual General meeting and of any general meeting held since that meeting;
(b) to receive from the Board of Management, auditor and employees of the Association reports on the transactions of the Association during the last preceding financial year;
(c) to elect the officers of the Association and the Ordinary Board of Management members;
(d) to elect the Coaching, Roster and Umpiring Convenors
10.6 The Annual General meeting may transact special business of which notice is given in accordance with these rules.

11.0 Special General meetings
11.1 The Board of Management may convene a Special General meeting of the Association at any time.
11.2 The Board of Management, on the requisition in writing of at least 10 members, may convene a Special General meeting of the Association.
11.3 A requisition for a Special General meeting –
(a) is to state the objects of the meeting; and
(b) is to be signed by the requisitionists; and
(c) is to be deposited at the office of the Association; and
(d) may consist of several documents, each signed by one or more of the requisitionists.
11.4 If the Board of Management does not cause a Special General meeting to be held within 21 days from the day on which a requisition is deposited at the office of the Association, the requisitionists, may convene the meeting within 3 months from the day of the deposit of the requisition.
11.5 A Special General meeting convened by requisitionists is to be convened in the same manner as meetings are convened by the Board of Management.

12.0 Notices of General meetings
12.1 The Association will give at least 14 days notice of a General Meeting of the Association.
Association affiliates and officers bearers to receive the notice by direct mail. Any or all appropriate media to be used so that General members have access to the Notice. The notice will specify the place, day and time for the holding of the meeting; and the nature of the business to be transacted at the meeting.

13.0 Business and quorum at General meetings
13.1 A quorum for the transaction of the business of a General meeting is 15 senior members present and entitled to vote who must be representative of half the number of registered Clubs
13.2 If a quorum is not present half an hour after the appointed time for the commencement of a General meeting, the meeting –
(a) if convened on the requisition of members, is to be dissolved; or
(b) in any other case, is to be adjourned to the same day in the next week at the same time at the same place.
(c) if at an adjourned meeting a quorum is not present one hour after the time appointed for the commencement of the meeting, the meeting is to go ahead regardless of numbers
(d) the chairperson, by written notice or at the time of the adjournment, may specify another place to which a meeting is to be adjourned.

14.0 Adjournment of General meetings
14.1 The chairperson of a General meeting at which a quorum is present may, with the consent of the meeting, adjourn the meeting from time to time and place to place, but no business is to be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
14.2 If a meeting is adjourned for 14 days or more, the notice of the adjourned meeting is to be given in the same manner as the notice of the original meeting.
14.3 It is not necessary to give any notice of an adjournment or of the business to be transacted at an adjourned meeting.

15.0 Determination of questions arising at General meetings
15.1 A question arising at a General meeting of the Association is to be determined on a show of hands.
15.2 Unless before or on the declaration of the result of the show of hands a poll is demanded, a declaration by the chairperson that a resolution has, on a show of hands, been carried, or carried unanimously, or carried by a particular majority, or lost, and an entry to that effect in the Minute Book of the Association is evidence of the fact, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution.

16.0 Votes
16.1 On any question arising at a General meeting of the Association, a senior member has one vote only.
16.2 All votes are to be given personally.
16.3 In the case of an equality of voting on a question, the chairperson has a second or casting vote.

17.0 Taking of poll
17.1 If at a meeting a poll on any question is demanded –
(a) it is to be taken at that meeting in the manner the chairperson directs; and
(b) the result of the poll is taken to be the resolution of the meeting on that question.

18.0 When poll to be taken
18.1 A poll that is demanded on the election of a chairperson, or on a question of adjournment, is to be taken immediately.
18.2 A poll that is demanded on any other question is to be taken at any time before the close of the meeting as the chairperson directs.

19.0 Board of Management
19.1 The affairs of the Association are to be managed by a Board of Management constituted as provided in rule 21.
19.2 The Board of Management–
(a) is to control and manage the business and affairs of the Association; and
(b) may exercise all the powers and perform all the functions of the Association, other than those powers and functions that are required by these rules to be exercised by General meetings of members of the Association; and
(c) has power to do anything that is essential for the proper management of the business and affairs of the Association.

20.0 Officers of the Association
20.1 The officers of the Association are as follows:
(a) President;
(b) Vice-president;
(c) Treasurer;
(d) Secretary.
20.2 If a casual vacancy in any office referred to in rule 20.1 occurs the Board of Management may appoint one of its members to the vacant office, to hold the office up to and including the conclusion of the Annual General meeting next following the date of the appointment.

21.0 Constitution of the Board of Management
21.1 The Board of Management consists of the following members elected at the Annual General meetings of the Association
(a) the officers of the Association;
(b) three (3) other members who have demonstrated commitment to the Association
21.2 Board of Management members will be elected biennially.
(a) Even years: President, Treasurer and two (2) of the Ordinary Board of Management members.
(b) Odd years: Vice-President, Secretary and the third Ordinary Board of Management member
21.3 Each Board of Management member shall, subject to these rules, hold the position for two years until the next Annual General meeting after the date of his/her election and is eligible for re-election;
21.4 If a casual vacancy occurs in the office of an Ordinary Board member, the committee may appoint a member of the Association to fill the vacancy until the conclusion of the Annual General meeting next following the date of the appointment.
21.5 There shall be a maximum of two members from any one Club of the Association to hold positions on the Board of Management.

22.0 Election of Board of Management members and Convenors
22.1 Nominations of candidates for election as officers of the Association or as Ordinary Board of Management members and Convenors are to be –
(a) made in writing signed by 2 members of the Association and accompanied by the written consent of the candidate (which may be endorsed on the nomination form); and
(b) delivered to the Association’s Offices at least 10 days before the date fixed for the holding of the Annual General meeting.
22.2 If insufficient nominations are received to fill all vacancies
(a) the candidates nominated are taken to be elected; and
(b) further nominations are to be received at the Annual General meeting.
22.3 If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated are taken to be elected.
22.4 If the number of nominations exceeds the number of vacancies to be filled, a ballot is to be held.
22.5 The ballot for the election of officers, Ordinary Board of Management members and Convenors is to be conducted at the Annual General meeting in the usual manner as directed by the Board of Management.

23.0 The Netball Management Committee
23.1 The Netball Management Committee will manage the affairs of STNA Netball competitions
23.2 The Netball Management Committee is directly accountable to the Board of Management.
23.3 The Coaching, Roster and Umpiring convenors shall be elected at the Annual General meeting. In 2018, the Roster Convenor and the Coaching Convenor shall be elected for a two year term and the Umpiring Convenor will be elected for a one year term. In 2019 the Umpiring Convenor will be elected for a two year term.
23.4 Each convenor will chair a subcommittee comprised of a delegate from each participating Club.
23.5 The Netball Management Committee shall be the coaching, roster and umpiring convenors and three other members, one from each of the respective subcommittees
23.6 No more than 3 members from the same Club are to make up the NMC and the latter three members to be ratified by the Board of Management
23.7 Following the AGM, and the Convenors meeting with their subcommittees, a meeting will be held of the six NMC members at which a Chair will be elected. Only a convenor is eligible to become the Chairperson.

24.0 Vacation of office
24.1 For the purpose of these rules, the office of an officer of the Association or of an Ordinary Board of Management member becomes vacant if the officer or Ordinary Board of Management member –
(a) dies; or
(b) becomes bankrupt or applies to take or takes advantage of any law relating to bankrupt or insolvent debtors or compounds with his or her creditors, or makes any assignment of his or her estate for their benefit; or
(c) becomes of unsound mind; or
(d) resigns office in writing addressed to the Board of Management; or
(e) ceases to be resident in the State; or
(f) fails, without leave granted by the committee, to attend 3 consecutive meetings of the Board of Management; or
(g) ceases to be a member of the Association; or
(h) fails to pay all arrears of subscription due, within 14 days after receiving a notice in writing signed by the public officer stating that he or she has ceased to be a financial member of the Association.

25.0 Meetings of the Board of Management
25.1 The Board of Management is to meet at least once in each month at any place and time the Board of Management determines.
25.2 Special meetings of the Board of Management may be convened by the President or any 4 of its members.
25.3 Notice is to be given to members of the Board of Management of any Special meeting, specifying the general nature of the business to be transacted, and no other business is to be transacted at such a meeting.
25.4 Any 5 of the Board of Management constitute a quorum for the transaction of the business of a meeting of the Board of Management.
25.5 Business is not to be transacted unless a quorum is present.
25.6 If half an hour after the time appointed for the meeting a quorum is not present, the meeting is to be adjourned to the same place and at the same hour of the same day in the following week unless the meeting was a Special meeting in which case it is to be dissolved.
25.7 At a meeting of the Board of Management, the following is to preside:
(a) the President, or in his/her absence the Vice-president;
(b) any one of the remaining members of the Board of Management as may be chosen by the members present if the President and the Vice-president are absent
25.8 Any question arising at a meeting of the Board of Management is to be determined –
(a) on a show of hands; or
(b) if demanded by a member, by a poll taken in any manner the person presiding at the meeting determines.
25.9 Each Board of Management member present at a meeting of the Board of Management is entitled to one vote.
25.10 If there is an equality of votes on any question, the person presiding has a second or casting vote.
25.11 Notice of each Board of Management meeting is to be served on each member by – delivering it at a reasonable time before the meeting by mail, email, fax or phone

26.0 Conduct of all meetings other than Annual General meetings
26.1 Any question arising at a meeting other than the Annual General meeting is to be determined by
(a) a show of hands; or
(b) if demanded by a member, by a poll taken in any manner the person presiding at the meeting determines.
26.2 At any properly constituted meeting of the Board of Management, a Committee or Subcommittee of the Association only bone fide members of the Board of Management, Committee or Subcommittee are entitled to one (1) vote
26.3 If there is an equality of votes on any question, the person presiding has a second or casting vote.

27.0 Disclosure of interest in contracts
27.1 A member of the Board of Management who is interested in any contract or arrangement made or proposed to be made with the Association is to disclose the interest –
(a) at the first meeting of the Board of Management at which the contract or arrangement is first taken into consideration, if the interest then exists; or
(b) in any other case, at the first meeting of the Board of Management after the acquisition of the interest.
27.2 If a member of the Board of Management becomes interested in a contract or arrangement after it is made or entered into, he or she is to disclose the interest at the first meeting of the committee after he or she becomes so interested.
27.3 A member of the Board of Management is not to vote as a member of the committee in respect of any contract or arrangement in which he or she is interested and any such vote is not to be counted.

28.0 Committees and Subcommittees
28.1 The Board of Management may –
(a) appoint a subcommittee from the Board of Management; and
(b) prescribe the powers and functions of that subcommittee.
28.2 The Board of Management may co-opt any person as a member of a subcommittee without voting rights, whether or not the person is a member of the Association.
28.3 A quorum at a meeting of a subcommittee is to be a majority of members
28.4 Written notice of a Committee or Subcommittee meeting is to be served on each member by – delivering it at a reasonable time before the meeting by mail, email, fax or phone
28.5 Permanent Subcommittees
(a) the Netball Management Committee which shall meet at least twice a year
(b) the Roster, Umpiring and Coaching subcommittees which shall meet as required
(c) operation of these Committees are set out in the STNA document: Guidelines: Board of Management, Committees, Subcommittees and Clubs
(d) the Subcommittees, 29.5a-b may appoint further subcommittees as appropriate, to carry out specific functions
(e) subcommittees shall provide minutes to the committee to which it is accountable

29.0 Executive
29.1 The Executive shall
(a) consist of any three of the officers of the Association
(b) meet in matters of urgency connected with the management of the affairs of the Association
(c) report to the next meeting of the Board of Management.

30.0 Annual subscription
30.1 The annual subscription payable shall be determined each year at a General meeting, but will not be an amount less than $20.00 for Senior members and $15.00 for Junior members
30.2 The annual subscription will be set by the Board of Management once per year

31.0 Financial year
31.1 The financial year of the Association is the period beginning on January 1 and ending on December 31 of that same year.

32.0 Notices
32.1 A notice may be served by or on behalf of the Association on any member –
(a) personally; or
(b) by sending it through the post in a prepaid envelope addressed to the member at his or her usual or last-known address.

33.0 Expulsion of members
33.1 The Board of Management may expel a member from the Association if, in the opinion of the Board of Management, the member is guilty of conduct detrimental to the interests of the Association.
33.2 The expulsion of a member under rule (1) does not take effect until whichever of the following is the later date:
(a) the expiration of 14 days after the service on the member of a notice under rule (3);
(b) if the member exercises his right of appeal under this rule, the conclusion of the Special General meeting convened to hear the appeal.
33.3 If the Board of Management expels a member from the Association, the public officer of the Association, without undue delay, is to cause to be served on the member a notice in writing –
(a) stating that the Board of Management has expelled the member; and
(b) specifying the grounds for the expulsion; and
(c) informing the member of a right to appeal against the expulsion under rule 34.

34.0 Appeal against expulsion
34.1 A member may appeal against an expulsion under rule 33 by delivering or sending by post to the Association’s Offices, within 14 days after the service of a notice under rule 33.3, a requisition in writing demanding the convening of a Special General meeting for the purpose of hearing the appeal.
34.2 On receipt of a requisition –
(a) the public officer is to immediately notify the Board of Management of its receipt; and
(b) the Board of Management is to cause a Special General meeting of members to be held within 21 days after the date on which the requisition is received.
34.3 At a Special General meeting convened for the purpose of this rule –
(a) no business other than the question of the expulsion is to be transacted; and
(b) the Board of Management may place before the meeting details of the grounds of the expulsion and the committee's reasons for the expulsion; and
(c) the expelled member is to be given an opportunity to be heard; and
(d) the members present are to vote by secret ballot on the question whether the expulsion should be lifted or confirmed.
34.4 If at the Special General meeting a majority of the members present vote in favour of the lifting of the expulsion –
(a) the expulsion is to be taken to have been lifted; and
(b) the expelled member is entitled to continue as a member of the Association.
34.5 If at the Special General meeting a majority of the members present vote in favour of the confirmation of the expulsion –
(a) the expulsion takes effect; and
(b) the expelled member ceases to be a member of the Association.

35.0 Disputes
35.1 A dispute between a member of the Association in the capacity as a member and the Association is to be determined by arbitration in accordance with the provisions of the Commercial Arbitration Act 1986.
35.2 This rule does not affect the operation of rule 34.

36.0 Seal of Association
36.1 The seal of the Association is to be in the form of a rubber stamp, inscribed with the name of the Association encircling the word "Seal".
36.2 The seal of the Association is not to be affixed to any instrument except by the authority of the Board of Management.
36.3 The affixing of the seal is to be attested by the signatures of –
(a) two members of the Board of Management; or
(b) one member of the Board of Management and the public officer of the Association or any other person the Board of Management may appoint for that purpose.
36.4 Attestation under rule (3) is sufficient for all purposes that the seal was affixed by authority of the Board of Management.
36.5 The seal is to remain in the custody of the public officer.

37.0 Club Licence
37.1 There is deemed to be included in these Rules the provisions set out in the Club Licence Guidelines published by the Licensing Board in accordance with section 17 of the Liquor and Accommodation Act 1990

Constitution amendments passed at the Association AGM 19 February 2018