Pennant Hills Australian Football Club – Constitution

Pennant Hills Australian Football Club – Constitution2018-07-31T15:32:49+00:00

PHFC CONSTITUTION

INDEX OF CONTENTS

SectionItemPage
1Name3
2Interpretation3
3Objectives3
4Membership4
5Fees and Subscriptions5
6Office and Place of Business5
7Affiliation5
8Management5
9Duties and Powers of Comitte and its Office Bearers6
10Elections7
11Discipline of Members8
12Right of Appeal of Disciplined Members9
13Financial Year10
14Duties of Other Officers10
15Match Committee10
16Non Attendance at Meetings11
17Removal of Committee Members11
18Life Members12
19Quorum12
20Indemnity12
21Notice of meetings12
22Annual General Meeting13
23Proceedings at General Meetings13
24Financial15
25Annual Awards16
26Codes of Conduct16
27Alteration of Constitution16
28Club Colours16
29Members’ Liabilities16
30Dissolution16
31Inspection of Club Records16

 

PENNANT HILLS AUSTRALIAN FOOTBALL CLUB INC.

CONSTITUTION – November 2010

1. NAME

The Association shall be called Pennant Hills Australian Football Club Inc [Club].

2. INTERPRETATION

In this constitution:

Clubmeans Pennant Hills Australian Football Club Inc.
Leaguemeans the Sydney AFL
Commissionmeans the AFL (NSW/ACT) Commission Limited
Committeemeans the group of members elected to manage the operation and administration of the Club.
Gamemeans Australian Football
Secretary means(a) the person holding office under this constitution as secretary of the club, or
(b) if no such person holds that office – the public officer of the club.
Playersmeans all persons registered as such with the Club
the Actmeans the Associations Incorporation Act 2009
the Regulationmeans the Associations Incorporation Regulation 2010

Words importing the singular shall mean and include the plural and vice versa, any gender shall mean and include all genders, references to persons shall include corporations and other entities recognised by law.

3. OBJECTIVES

The objectives for which the Club is established are:

  1. the promotion, control, management and encouragement of the game as permitted under the Constitution of the League.
  2. to promote and encourage the game within the Club’s district and boundaries as defined by the League.
  3. To raise money by subscription, and/or levies or other means as may be determined by the Club.
  4. To assist (pecuniary or otherwise) and to recognise the services of the present or past members of the Clubas may be determined from time to time.
  5. To invest the monies of the Club not immediately required for any of its objects in such a manner as may from time to time be determined.
  6. To lease or acquire by purchase or otherwise, any freehold or leasehold land which may be required for carrying out any of the objects of the Club.
  7. To lay out, construct, maintain or alter any buildings or grounds for football, or other athletic sports or pastimes, necessary or convenient for the purposes of the Club.
  8. To construct, erect, maintain or alter any buildings, house or works which may be required for the purposes of the Club, and to furnish and equip the same in such a manner as may be necessary or convenient for such purposes.
  9. To acquire by purchase, lease, exchange or otherwise, land, buildings and hereditaments of any tenure or description estate or interest therein, and any rights over or connected with land so situated and to turn the same to account as may seem expedient.
  10. To borrow, or raise money, or secure the payment of money in such a manner as the Club shall think fit.
  11. To sell, improve, manage, let, mortgage, dispose of or turn to account all, or any part of, the real or personal property of the Club.
  12. To render assistance (pecuniary or otherwise) to any other body promoting the interests of any form of sport, and to any patriotic and/or charitable institution or bodies.
  13. To acquire, establish, print newspapers, periodicals, books and leaflets, or otherwise literary work that the Club may think desirable for the promotion of its objects.
  14. To delegate all or any of its powers to any committees, or committee consisting of one or more persons.
  15. To do such acts and things as are incidental or subsidiary to all or any of the above objects.
  16. To encourage the promotion of players, including junior players, into teams for which their ability is considered by the Selection Committee to be most suited.
  17. To merge or affiliate with any other Club having similar objects or purposes.

4. MEMBERSHIP

Membership of the Club shall be open to any member of the community who possesses an interest in the game of Australian Football.

There shall be the following categories;

Supporter members
Player members
Life Members

For the purposes of this constitution a member must be financial specified by the Committee and must be recorded in the official membership register maintained by the Club.
The Public Officer of the Club shall establish and maintain a register of members of the Club specifying the name of each person who is a member of the Club together with the date on which the person became a member.
The Committee shall have the power to refuse any application for membership of the Club as either a player or supporter.

5. FEES AND SUBSCRIPTIONS

  1. There shall be no entrance fee for admission to membership of the Club.
    Supporter members and player members shall pay an annual subscription fee as determined by the Committee. Such fee shall fall due on the 1st April in each calendar year. Membership shall cease automatically when the subscription is two (2) months in arrears unless otherwise determined by the
    Committee.
  2. The players’ subscription fee shall be included in the players’ registration fee.
  3. The registration fee payable by a player who has been awarded Life
    Membership of the Club after 1st January 2005 shall be 50% of the
    registration fees payable by a member of the first grade team of the Club.

6. OFFICE AND PLACE OF BUSINESS

The office and principal place of business of the Club shall be at such place as the
Committee from time to time may determine.

7. AFFILIATION

The CLUB shall be affiliated with the LEAGUE and the COMMISSION in such manner as is required to enable the club to field teams in such competitions as deemed appropriate by the committee subject to the control and direction of the League.

8. MANAGEMENT

The administration, operation and management of the Club shall be under the control of the Committee which shall consist of the following persons elected pursuant to clause 10 of this constitution:

  1. President
  2. Vice President Administration
  3. Vice President Football
  4. Secretary (e) Treasurer (f) Registrar
  5. Ordinary Committee Members (Minimum 5)

The Honorary Office Bearers of the Club shall consist of:

  1. Patrons (such number as may be determined by the Committee)
  2. Honorary Physiotherapist / Medical Officer
  3. Honorary Auditor
  4. Honorary Canteen manager

The Patrons shall be elected at the Annual General Meeting.

The Honorary Physiotherapist / Medical officer, Honorary Auditor and Honorary Canteen manager shall be appointed by the Committee.

The President, Vice Presidents, Secretary, Treasurer and Registrar shall constitute an executive committee which shall exercise the powers of the committee, if necessary, between meetings of the committee or any other matter delegated to it by the committee.

The Committee shall, at its first meeting after the Annual General Meeting, appoint its official delegates to the League. These appointees may be varied at any time at the discretion of the Committee.

The Committee shall arrange for the safe custody of all books, securities, certificates and related documents of the Club.

9. DUTIES AND POWERS OF COMMITTEE AND ITS OFFICE BEARERS

  1. The President shall:
    1. be the Chairman of the Committee of the Club;
    2. preside at all meetings of the Club;
    3. ensure that the business of the committee and all club meetings is conducted in a proper manner;
    4. have a deliberate vote on questions arising at a meeting of the committee, and in the case of an equality of voting the President shall also have a casting vote.
  2. In the absence of the President either Vice President shall act as Chairman of the Committee or any other meeting of the Club and in doing so shall have the full power and authority of the President.
  3. The Secretary shall:
    1. attend all meetings of the Club and the Committee and record the minutes of all General and Annual General Meetings of the Club and all Committee and executive meetings;
    2. retain all correspondence received and a copy of
      correspondence sent by the club or committee;
    3. maintain a register of all members and office bearers;
    4. notify the League of the appointment of the Club’s delegates to any meeting of the League;
    5. forward an audited statement of receipts and expenditure of the
      Club for each season when required by the League;
    6. perform all such other duties and services as directed by the
      Committee from time to time.
  4. The Registrar shall maintain:
    1. a detailed record of all registered player permits and clearances;
    2. a detailed record of all player registration fees
    3. a statistical record of the Club activities including teams and matches played.
  5. The Treasurer shall;
    1. keep a correct account of all monies received and expended;
    2. deposit within three banking days of receipt all monies belonging to the Club into such Bank or Banks as shall be approved by the Management Committee;
    3. prepare and submit to the Auditors a cash statement and balance sheet as at 30th September annually for presentation to the Annual General Meeting of the Club;
    4. submit to each meeting of the Committee, a current statement of receipts and expenditure; and
    5. obtain receipts for all payments made by him and issue receipts for all monies received.
    6. Prepare an annual budget for committee and AFL requirements

The Committee, shall as soon as expedient after the Annual General Meeting, appoint Sub – Committees and/or Chairpersons for such responsibilities as it considers necessary for the proper operation of the club. Such responsibilities shall include but shall not be limited to:

  1. Finance
  2. Football Operations
  3. Recruitment
  4. Planning and Development
  5. Team Selection
  6. Public Relations
  7. Sponsorship & Membership
  8. Social

The Committee may at any other time appoint such other Sub Committees as it may deem expedient. The powers of any Sub Committee shall be limited to inquiring into and reporting upon the question or questions or class or kind of questions as the case may be in respect of which it is appointed. The Committee shall determine and lay down policy directives and prescribe regulations within which any Sub Committee shall operate.

The Committee shall also appoint a Junior Development Officer and a Media Officer and such other positions as it considers expedient for the proper operation and management of the club.

10. ELECTIONS

  1. The election of the following office bearers shall be by means of a ballot and shall, with such exceptions as hereunder provided, be held each year at the Annual General Meeting of the Club.
  2. Nominations shall be made verbally. The proposer and seconder and shall be members of the Club.
  3. A nominee for any position on the Committee must be a member of the Club over the age of 18 years.
  4. The following procedure shall be used at the annual elections:
    1. A returning officer and two scrutineers shall be appointed
    2. The returning officer shall declare all positions in the Club vacant before proceeding to ballot
    3. Elections shall take place in the following order:
      1. Patrons
      2. President
      3. Vice Presidents
      4. Secretary
      5. Treasurer
      6. Registrar
      7. Ordinary Committee Members
  5. The newly elected office bearers shall take office at the close of the elections. vi. Each member of the committee shall, subject to these rules, hold office until
    the commencement of the next annual general meeting following the date of the member’s election and is eligible for re-election at the next annual general meeting.
  6. In the event of any office becoming vacant from any cause during between annual general meetings the Committee shall have the power to delegate the duties associated with such vacant office to a club member eligible for election to the committee.
  7. In the event of a position on the committee not being filled at the annual general meeting then the committee shall have the power to fill such vacancy (ies).

11. DISCIPLINE OF MEMBERS

  1. A complaint may be made to the committee by any person that a member of the club:
    1. has refused or neglected to comply with a provision or provisions of the constitution, or
    2. has wilfully acted in a manner prejudicial to the interests of the club or as defined by the Code of conduct adopted by the League
  2. The committee may refuse to deal with a complaint if it considers the complaint to be trivial or vexatious in nature.
  3. If the committee decides to deal with the complaint, the committee must;
    1. cause notice of the complaint to be served on the member concerned, or
    2. 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
    3. take into consideration any submissions made by the member in connection with the complaint.
  4. The committee may, be resolution, expel the member from the club or suspend the member from membership of the club 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 and the expulsion or suspension is warranted in the circumstances.
  5. 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 under clause 12 of the constitution.
  6. The expulsion or suspension does not take effect:
    1. until the expiration of the period within which the member is entitled to appeal against the resolution concerned, or
    2. if within that period the member exercises the right of appeal, unless and until the club confirms the resolution under clause 11 of the constitution, whichever is the later.

12. RIGHT OF APPEAL OF DISCIPLINED MEMBER

  1. A member may appeal to the club at a properly covened general meeting against a resolution of the committee under clause 11, within 7 days after notice of the resolution is served on the member, by lodging with the secretary a notice to that effect.
  2. The notice may, but need not, be accompanied by a statement of the grounds on which the member intends to rely for the purposes of the appeal.
  3. On receipt of a notice from a member under subclause (a), the secretary must notify the committee which is to convene a general meeting of the club to be held within 28 days after the date on which the secretary received the notice.
  4. At a general meeting of the club convened under subclause (c):
    1. no business other than the question of appeal is to be transacted and
    2. the committee and the member must be given the opportunity to state their respective cases orally or in writing, or both, and
    3. the members present are to vote by secret ballot on the question of whether the resolution should be confirmed or revoked.
  5. The appeal is to be determined by a simple majority of votes cast by members of the club at the general meeting and entitled to vote.

13. FINANCIAL YEAR

The financial year of the CLUB will commence on the first day of October and end on the last day of September.

14. DUTIES OF OTHER OFFICERS

Persons appointed to officially represent the Club at the League shall:

  1. carry out their duties in accordance with the constitution of the League
  2. report to the Committee and any other committee, of League decisions affecting or interesting the Club.
  3. maintain at all times a strict policy of representing the Club to the fullest.

Alternate representatives where appointed shall carry out these responsibilities in the absence of the representatives.

  1. The Honorary Physiotherapist / Medical Officer and Honorary Canteen Manager; who need not be a member of the Club, shall perform such duties as would normally be considered in keeping with the position in the interests of the players.
  2. The Auditor will be required to audit the books of the Club at least once annually and such other items as the Committee or Club shall request. In the event of the Auditors elect, as chosen at the Annual Meeting, declining office, or after accepting, resign, the Committee shall have the power, without further reference to the Club of obtaining the services of other Auditors.
  3. Players Representative – To be elected by the playing members of the Club and may attend Committee meetings.

15. MATCH COMMITTEE

  1. The Match Committee shall select all teams to represent the Club.
  2. The Match Committee shall announce the list of players selected for the ensuing weekend following training on each Thursday evening or in such other fashion or time as may be necessary from time to time.
  3. The Match Committee shall consist of:
    1. Vice President Football
    2. Senior Coach
    3. Reserve Grade Coach[es]
    4. Under 18/19 Coach[es]
    5. One other non playing member appointed by the Management Committee
    6. The coach of any other team that represents the Club from time to time.
  4. In any case where the Captain of the First Grade Team and the Senior Coach may be one and the same person, the Vice Captain of the First Grade Team may be elected as a member of the match committee if deemed necessary by the Committee.

16. NON ATTENDANCE AT MEETINGS

  1. 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 this constitution, until the conclusion of the annual general meeting next following the date of the appointment.
  2. A casual vacancy in the office of a member of the committee occurs if the member:
    1. dies, or
    2. ceases to be a member of the association, or
    3. becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth, or
    4. resigns office by notice in writing given to the secretary, or
    5. is removed from office under clause 16 of the constitution, or
    6. becomes a mentally incapacitated person, or
    7. is absent without the consent of the committee from 3 consecutive
      meetings of the committee, or
    8. is convicted of an offence involving fraud or dishonesty for which the maximum penalty on conviction is imprisonment for not less than 3 months, or
    9. is prohibited from being an officer of a company under Part 2D.6
      (Disqualification from managing corporations) incorporated under the Corporations Act 2001

17. REMOVAL OF COMMITTEE MEMBERS

  1. The club at a properly convened general meeting may by resolution remove any member of the committee from the office held by the member before the expiration of the member’s term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the member so removed.
  2. If a member of the committee to whom a proposed resolution referred to in the preceding sub clause makes representations in writing to the secretary or president (not exceeding a reasonable length) and requests that the representations be notified to the members of the club, the secretary or the president may circulate a copy of the representations to each member of the club or, if the representations are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered.
  3. Any official, with the exception of the President, absenting himself from three consecutive meetings of the Committee or any subcommittee of which they are a member without consent of the committee shall be deemed to have vacated their office. Any such vacancy shall be filled by the Committee at its next meeting. The Committee shall have power at any meeting to grant leave of absence to any member.

18. LIFE MEMBERS

Life membership shall be awarded only for special services rendered to the Club or game. No Life Members shall be elected unless recommended to the Annual Meeting by a special resolution of the Committee.

The annual Meeting shall then decide whether it shall endorse or reject the committee’s recommendation, such endorsement to be decided by a three-fourths majority.

Life Membership of the Club shall be automatically awarded;

  1. to any player who played his first game of senior football for the club prior to 31st December 2004 on completion of 10 years football with the club or when he has played 150 senior games of football for the club.
  2. to any player who played his first game of senior football for the club after 1st January 2005 on completion of BOTH 10 years football with the club and 150 senior games of football played for the club.

Senior Football means a competitive game of football in either the First Grade team or any of the Reserves Grade team(s) of the Club but does not include any preseason games of football.

All Life Members of the Hills Australian Football Club and the Pennant Hills Australian National Football Club are deemed to be Life Members of the Club.

19. QUORUM

The quorum for meetings of the Club and its Committee shall be as follows:

  1. General and Annual Meetings 10 members
  2. Committee Meetings 5 members
  3. Sub Committees a majority of members of that sub committee

20. INDEMNITY

Every member of the Committee and every officer for the time being of the Club shall be indemnified out of the assets of the Club against any liability arising out of the execution of the duties of the office which is incurred by him in defending any proceedings, whether civil or criminal, in which he is acquitted or in connection with any application under the Act in which relief is granted to him by the Court in respect of any negligence default breach of duty or breach of trust.

21. NOTICE OF MEETINGS

The notice required for calling meetings of the Club shall be as follows:

  1. General Meetings of the club – 14 days notice in writing
  2. General Meetings of the club requiring a special resolution of the club – 21 days notice in writing.
  3. Emergency Committee or Executive Meetings called by any two of the President, Vice President or Secretary – any time

The notice of an Ordinary meeting or Annual General Meeting or Special General Meeting of the Club can be delivered by hand, electronic means or by post.

22. ANNUAL GENERAL MEETING

The annual general Meeting of the club shall be held at least once in every calendar year and not more than fifteen months after the holding of the last annual general meeting.

The business to be considered at such meeting shall be:

  1. to receive the annual report of the Management Committee
  2. to receive the annual accounts, balance sheet and financial statements
  3. to elect the office – bearers as provided in rule 10
  4. to consider any notice of motion of which notice has been previously given to the secretary
  5. to consider any other general business.

23. PROCEEDINGS AT GENERAL MEETINGS

No business shall be transacted at any general meeting including an Annual general Meeting, unless a quorum of members is present at the time when the meeting proceeds to business. The Chairman of such a meeting may with the consent of those present adjourn the same from time to time and place to place.

At any general meeting a resolution put to the vote of the meeting shall be decided on a show of hands unless a poll is (before or on the declaration of the result of the show of hands) demanded:

  1. by the Chairman; or
  2. by at least three members present in person or by proxy.

Unless a poll is so demanded a declaration by the Chairman that a resolution has on a show of hands been carried or carried unanimously or by a particular majority or lost and an entry to that effect in the book containing the minutes of the proceedings of the Club shall be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against the resolution. The demand for a poll may be withdrawn.

If a poll is duly demanded it shall be taken in such manner and either at once or after an interval or adjournment or otherwise as the Chairman directs and the result of the poll shall be the resolution of the meeting at which the poll was demanded however a poll demanded on the election of a Chairman or a question of adjournment shall be taken forthwith

In the case of an equality of votes whether on show of hands or on a poll, the Chairman of the meeting at which the show of hands takes place or at which the poll is demanded shall be entitled to a second or casting vote.

A member entitled to vote in person or through an authorised representative or by proxy and on a show of hands every member present who is entitled to vote or an authorised representative of a member who is entitled to vote shall have one vote and on a poll every member present in person or by proxy who is entitled to vote or other duly authorised representative of a member who is entitled to vote shall have one vote.

A member to be entitled to vote at any general meeting must be financial.

No member under the age of 18 years shall be entitled to vote at any general meeting of the club.

No objection may be made to the validity of any vote except at the meeting or poll at which the vote was tendered and every vote not disallowed at such meeting or poll shall be deemed valid. In case of any dispute as to the admission or rejection of a vote, the Chairman of the meeting shall determine the same and such determination made in good faith shall be final and conclusive.

The instrument appointing a proxy shall be in writing (in the common or usual form) under the hand of the appointor or if the appointor is a corporation whether incorporated or not either under seal or under the hand of an officer duly authorised. A proxy must be a member of the Club. The instrument appointing a proxy shall be deemed to confer authority to demand or join in demanding a poll.

Where it is desired to afford members an opportunity of voting for or against a resolution the instrument appointing the proxy shall be in the following form or a form as near thereto as circumstances admit:
Pennant Hills Australian Football Club Inc.
I, ____________________________
of ____________________________
being a member of the above named Club hereby appoint
of ____________________________
as my proxy to vote for me on my behalf at the (Annual or General as the case may be) Meeting of the Club to be held on the
____day of ______ 20__
and at any adjournment thereof.
Signed this______ day of_____20__

This proxy is to be used *

  • In favour of the resolution
  • Against the resolution

*Strike out whichever is not desired. (Unless otherwise instructed the proxy may vote as he or she thinks fit).

The instrument appointing a proxy and the power of attorney or other authority if any under which it is signed or a notarially certified copy of that power or authority shall be deposited with the Secretary of the Club not less than forty-eight hours before the time for holding the meeting.

24. FINANCIAL

  1. (a) True accounts shall be kept of all monies received and expended by the Club.
  2. The Committee may raise funds by way of sponsorships, donations, voluntary
    contributions or by such other lawful means which are not inconsistent with the objects of the Club.
  3. If at any time the funds of the Club shall not be sufficient to meet the expenditure of the Club, the Club may, by special resolution, order a levy to be struck upon the members of the Club. Notice in writing that such a levy has been struck, and specifying the amount thereof, shall be sent to each member by the Secretary, and each member so notified shall pay the amount of such levy into the funds of the Club within the time specified.
  4. The committee may at any time create any special fund for any special purpose and may prescribe the means by which such fund shall be maintained, and at any time thereafter may order that special fund be closed, and prescribe the manner in which all monies remaining therein shall be used or applied.
  5. All monies received for, and on behalf of the Club shall be paid to the credit of the Club into such financial institution as shall be approved by the Committee within three banking days of the receipt thereof, and all monies of one hundred dollars and more shall paid by or on behalf of the Club shall be paid by cheques drawn against the funds of the Club and signed by any two of the following officers:
    President, Secretary, Treasurer or officer appointed by the Committee.
  6. Payment of accounts can also be made by electronic means provided a proper invoice is received or held for such payment.
    All payments made out the funds of the Club shall be first approved for payment by the Committee provided always that in case of emergency the President and/or Secretary may authorise such payment.

25. ANNUAL AWARDS

At the conclusion of each season the club shall make the following awards:

Footballer of the Year – is awarded to the player adjudged by the committee to have achieved and contributed to the game during the season

Best Local First Year Player – is awarded to the player who is in his first season with the club and has played more than 4 senior games and was recruited from a local junior club.

Presidents Award – is awarded by the President to the person be they player, official, supporter or other who has contributed to the club during the season

Club Person – is awarded to the person be they player, official, supporter or other who has contributed to the club during the season

26. CODES OF CONDUCT

Each member of the club shall adhere to the codes of conduct adopted by the League whilst such member is attending a game of football be it a preseason game, a home and away game or during the finals series of each season.

27. ALTERATION OF CONSTITUTION

The constitution shall not be altered, repealed or added to except by special resolution passed at a properly convened general meeting of the club.

28. CLUB COLOURS

The Club colours and Logo and or Trademark shall be such as are approved by the League.

29. MEMBERS’ LIABILITIES

The liability of a member of the club to contribute towards the payment of the debts and liabilities of the club or the cost, charges and expenses of the winding up of the club is limited to the amount, if any, unpaid by the member in respect of their membership of the club as required by clause 5 of this constitution.

30. DISSOLUTION

The Club shall be deemed to have been dissolved if and when a resolution in favour of dissolution shall have been carried by a three-fourths majority of all the members at a special meeting of the Club called for the purpose of considering such resolution. In the event of dissolution the remaining property of the Club shall be transferred to another organisation nominated by the Commission.

31. INSPECTION OF CLUB RECORDS

The Membership Register, Books of Account and any other Club documents shall be available for inspection by members subject to suitable arrangements being made with the Secretary.