The CNSW Handbook



P A R T   A

T H E   C O N S T I T U T I O N


TABLE OF CONTENTS

Clause:

1.NAME
2.OBJECTIVES
3.DEFINITIONS AND INTERPRETATIONS
4.MEMBERSHIP
4.1 General
4.2 Clubs
4.3 Club Members
4.4 Individual Members
4.5 Temporary Members
4.6 Honorary Life Members
4.7 Register of Members
4.8 Cessation of Membership
4.9 Resignation
4.10 Disciplining of Members
4.11 Membership Rights not Transferable
5.MANAGEMENT
5.1 The Council
5.2 The Executive
5.3 Delegates and Proxy Delegates
5.4 The Public Officer
6.MEETINGS
6.1 Annual Meeting
6.2 Ordinary Meetings
6.3 Special Meetings
7.FINANCE AND PROPERTY
8.INSURANCE
9.COMMITTEES
10.BYLAWS
11.REGULATIONS
12.STANDING ORDERS
13.COMMON SEAL
14.ALTERATIONS TO THIS HANDBOOK
14.1 Parts A and B: Constitution and ByLaws
14.2 Parts C and D: Regulations and Standing Orders
14.3 Notification
15.SERVICE OF NOTICES
16.DISSOLUTION
 

 
1.NAME.
The name of the Association shall be Croquet NSW Incorporated, hereinafter referred to as the Association.
 
2.OBJECTIVES.
The objectives of the Association shall be:
2.1to exercise control and jurisdiction over the game of croquet in New South Wales;
2.2to promote and to advance interest in the game of croquet and related games;
2.3to affiliate with the Australian Croquet Association and any other relevant Association and also to represent New South Wales at any conference for the purposes of furthering the game, or for considering any matter relevant to croquet;
2.4to arrange and regulate Association tournaments within New South Wales;
2.5to maintain a uniform system of handicapping;
2.6to encourage uniformity in the interpretation and application of the Laws of Association Croquet;
2.7to introduce and encourage uniformity in the interpretation and application of the rules of croquet related games;
2.8to establish, manage and maintain Association lawns and clubhouse;
2.9to safely retain all Association records and archival material.
 
3.DEFINITIONS AND INTERPRETATIONS.
In the interpretations of the objectives of this Constitution, the following shall apply:
3.1"Association" means Croquet NSW Incorporated
3.2"Council" means the governing council of the Association established under clause 5.1 and its relevant bylaws (see clause 22).
3.3"Executive" means the committee established under clause 5.2 and its relevant bylaws (see clause 23).
3.4"Handbook" means Constitution, ByLaws, Regulations , Standing Orders and Appendices
3.5"Constitution" means Part A of this handbook.
3.6"Regulations" means Part C of this handbook including those published in the Australian Laws Book (ALB)
3.7"Laws" means the Laws of Association Croquet and Golf Croquet (seeALB)
3.8"Metropolitan Club" means a croquet club situated within the area serviced by telephones with numbers (02) 9xxx xxxx.
3.9"Country Club" means a croquet club situated outside the area serviced by telephones with numbers (02) 9xxx xxxx but having a postcode commencing with 2.
3.10In this handbook, if the context so admits, the masculine gender shall include the feminine and the singular shall include the plural and vice versa.
3.11Any question of interpretation of this handbook shall be determined by the Council.
 
4.MEMBERSHIP
4.1GENERAL. The following shall be members of this Association:
4.1.1(a) any club or person which at the date of incorporation of this Association was affiliated with the Croquet Players' Association, N.S.W. in accordance with Section 15 (1) (a) (b) or (c) of the Associations Incorporation Act 1984 and has not ceased to be a member of the Association at any time after incor poration of the Association under the Act;
(b) any club or person who applies in writing and has been approved by the Council.
4.1.2(a) As soon as practicable after receiving an application for membership, the Secretary shall refer the application to Council, which shall determine whether to approve or reject the application.
4.1.2(b) Where a membership application has been approved, the Secretary shall notify the person or club concerned within seven (7) days of the said approval and request that the person or club forward the required amount by way of an annual fee within twentyeight (28) days from the date of the Secretary notification. The Secretary shall arrange to have the name of the persons or club concerned promptly entered in the records of the Association.
 
4.2CLUBS
4.2.1Any croquet club which has the occupancy of a suitable lawn(s) and a playing membership of at least eight (8), may apply in writing for application to the Association.
4.2.2Provided such application is approved by a simple majority of Council delegates present and voting, and upon payment of the appropriate fee, the club shall become affiliated with the Association. A summary of the advantages and responsibilities of affiliation is given in Appendix 1 of this handbook.
4.2.3Only those persons for whom an affiliation fee has been paid to the Association shall be regarded as being affiliated members in the terms of this Constitution and ByLaws.
4.2.4In the event of a person being simultaneously a member of two (2) or more affiliated clubs, an affiliation fee shall be paid by only one (1) club.
4.2.5Upon any Club failing to pay its club affiliation, player affiliation fees or any other monies payable under the terms of this Constitution and ByLaws such club shall, on the resolution of the Council, be deprived of the benefits of membership of the Association until full payment is made.
4.2.6To maintain membership of the Association and remain in good standing with full benefits of membership, a club shall retain at least eight (8) playing members.
 
4.3CLUB MEMBERS
4.3.1A playing member of a club shall be a member who plays the game of croquet, in any of its various forms, including the game of gateball.
4.3.2All playing members of an affiliated club shall be affiliated with the Association and shall pay the prescribed affiliation fee.
4.3.3If a player is a playing member of more than one (1) club, he shall nominate one (1) of those clubs as his affiliating club and in writing shall notify each club accordingly.
 
4.4INDIVIDUAL MEMBERS
4.4.1Any person residing in Australia who is not a member of club affiliated with Croquet NSW Inc may apply for individual membership of the Association.
4.4.2An individual member shall pay the prescribed affiliation fee and shall be entitled to all the privileges of membership of the Association.
 
4.5TEMPORARY MEMBERS
4.5.1In order to participate in N.S.W. championships and tournaments conducted by the Association, a visitor from interstate or overseas shall apply for temporary membership.
4.5.2Any person who resides outside New South Wales may apply for temporary membership.
4.5.3A Temporary member shall pay the prescribed affiliation fee which shall be determined as equal to one-half the current Individual Member fee except that visiting players participating in International or World events and any member of an Association (other than Croquet NSW) which is affiliated with Croquet Australia, shall automatically be granted Temporary membership and shall not be required to pay an affiliation fee.
 
4.6HONORARY LIFE MEMBERS
4.6.1Honorary Life Membership of the Association may be conferred on any member of the Association on the recommendation of the Executive and confirmed by a threequarters (3/4) majority of those present and eligible to vote at the Annual Meeting. Voting shall be by secret ballot.
4.6.2To be eligible for nomination, a member must have fifteen (15) years' continuous affiliation, have served on the Executive or another committee, and have given outstanding service to croquet in New South Wales.
4.6.3An Honorary Life Member shall not pay an affiliation fee but shall be entitled to all the privileges of membership of the Association. He shall receive a copy of the Minutes of each Council meeting, the Newsletter, the Annual Re port and Financial Report.
4.6.4The Association is entitled to nominate up to three (3) members at its first Annual Meeting.
 
4.7REGISTER OF MEMBERS
4.7.1The Association shall establish and maintain a register of members of the Association, specifying the name and address of each club and person who is a member of the Association, and such other detail as appropriate
4.7.2The register of members shall be kept at the principal place of administration of the Association and shall be open for inspection, free of charge, by any member of the Association at any reasonable hour. This register will constitute part of the Associationís Yearbook.
 
4.8CESSATION OF MEMBERSHIP
4.8.1A person or club ceases to be a member of the Association upon:
(a) resignation (see clause 4.9)
(b) expulsion (see clause 4.10)
4.8.2Resignations and expulsions must be noted in the register of members without undue delay.
 
4.9RESIGNATION
4.9.1Any affiliated club may, with the sanction of a Special Meeting of its members, at any time withdraw from the Association, provided however that all affiliation fees due at that time have been paid.
4.9.2If a club withdraws from the Association the club may, upon application in writing to the Association, be reaffiliated.
4.9.3No club or member retiring from the Association shall have any claim upon the Association monies, property or other assets.
4.9.4If a club or person resigns from the Association, the resignation shall take effect one (1) calendar month after receipt of such notice.
4.9.5Any monies due to the Association shall be paid prior to the effective date.
 
4.10DISCIPLINING OF MEMBERS
4.10.1Any affiliated club or member whose conduct may appear to the Council to be injurious to the Association or its objectives and which, on request by the Council, fails to give a satisfactory explanation, may be suspended for a specific period or may be called upon to resign.
4.10.2A club or member, being called upon to resign and failing to do so within one (1) month, shall be expelled from membership of the Association. Such expulsion shall, however, be implemented according to the procedure set out hereunder.
4.10.3Where the Council passes a resolution for expulsion under clause 4.10.2 the Secretary shall, as soon as practicable, cause a notice in writing to be served on the member:
(a) setting out the resolution of the Council and the grounds on which it is based;
(b) stating that the member may address the Council at a meeting to be held not earlier than fourteen (14) days and not later than twentyeight (28) days after service of the notice;
(c) stating the date, place and time of that meeting;
(d) informing the member that the member may do any of the following:
(i) attend and speak at that meeting;
(ii) submit to Council at or prior to the date of that meeting written representations to the resolution;
(iii) employ legal representation.
4.10.4At a meeting of the Council held as referred to in clause 4.10.3, the Council shall:
(a) give to the member an opportunity to make oral representations;
(b) give due consideration to any written representations submitted to the Council by the member at or prior to the meeting;
(c) by resolution determine whether to confirm or to revoke the resolution.
4.10.5Unless the Council at this meeting confirms its original resolution, that resolution shall lapse.
4.10.6If the Council confirms the resolution for expulsion the Secretary shall, within seven (7) days, inform the member in writing of the confirmation. The member shall also be informed that he may, within a further period of seven (7) days, appeal to the Asociation against the resolution by lodging with the Secretary a notice to that effect.
4.10.7If the member has not appealed within the specified period, the resolution for expulsion shall take effect.
4.10.8If the member does appeal, the Secretary shall notify the Executive which shall convene a Special Meeting of the Council to be held within twentyeight (28) days after the date on which the Secretary received the notice.
4.10.9At the Special Meeting of the Council convened under clause 4.10.8:
(a) no business other than the question of the appeal shall be transacted;
(b) the Council and the member shall be given the opportunity to state their respective cases orally or in writing, or both;
(c) the members present and eligible to vote shall vote by secret ballot on the question of whether the resolution should be confirmed or revoked.
4.10.10If at the Special Meeting referred to in clause 4.10.9 the Council confirms the resolution for expulsion, it shall then take effect. Otherwise the resolution shall lapse.
 
4.11MEMBERSHIP RIGHTS NOT TRANSFERABLE
4.11.1A right, privilege or obligation which a person or club has by reason of being a member of the Association:
(a) is not capable of being tranferred or transmitted to another person or club;
(b) terminates upon cessation of the person's membership or withdrawal of the club (see clauses 4.9 and 4.10).
 
5.MANAGEMENT
5.1THE COUNCIL
5.1.1The Council shall consist of the members of the Executive and the delegates from the affiliated clubs.
5.1.2The business of the Association shall be conducted by the Council.
 
5.2THE EXECUTIVE
5.2.1The Executive shall consist of the President, Senior Vice President, Junior Vice President, Secretary and Treasurer.
5.2.2The Executive, being an integral part of Council (clause 5.1.1), shall be responsible for urgent business arising between meetings of the Council and for the overall general management of the affairs of the Association.
5.2.3All decisions made by the Executive shall be subject to ratification at the next meeting of the Council.
 
5.3DELEGATES AND PROXY DELEGATES
5.3.1All delegates and proxy delegates shall be affiliated members of the Association.
5.3.2Each club may be represented on the Council by one (1) delegate or proxy delegate
 
5.4THE PUBLIC OFFICER
5.4.1The Association shall ensure that a person is appointed as Public Officer.
5.4.2The Public Officer may be any affiliated member of the Association regarded as suitable for, and appointed to, the position by the Council.
5.4.3The Public Officer shall be eighteen (18) years of age or older and a resident of New South Wales and within seven (7) days of appointment shall furnish his residential and postal address to the President.
5.4.4The Public Officer shall be deemed to have vacated his position in the following circumstances:
(a) resignation
(b) removal by the Council
(c) bankruptcy or financial insolvency
(d) mental illness
(e) residency outside New South Wales.
5.4.5When a vacancy occurs in the position of Public Officer, the Executive shall within fourteen (14) days notify the Secretary, Business and Consumer Af fairs by the prescribed form and appoint a new Public Officer (see by-law 27.2.1).
 
6.MEETINGS
6.1ANNUAL MEETINGS
6.1.1An Annual Meeting of the Association shall be held in August or September and not later than September 15 each year unless for special reasons the Council decides otherwise. At least twentyeight (28) days' notice of the Annual Meeting must be given to all affiliated clubs and Individual Members
 
6.2ORDINARY MEETINGS
6.2.1Ordinary meetings of Council will be held in accordance with by-laws 22.1 and 25.6.
 
6.3SPECIAL MEETINGS
6.3.1A Special Meeting of Council may be convened by the Executive at any time.
6.3.2A Special Meeting shall be convened within twentyeight (28) days from the receipt of a requisition in writing signed by not less than ten (10) members of the Association, specifying the object of the meeting.
6.3.3Notice convening a Special Meeting shall be sent to the affiliated clubs and individual members not less than twentyone (21) days before the meeting specifying the matters to be dealt with.
6.3.4No other business shall be brought forward or discussed other than that for which the meeting was called.
 
7.FINANCE AND PROPERTY
7.1Council shall have sole control of all monies and property belonging to, allocated to, or placed at the disposal of the Association.
7.2All monies received by the Association shall be paid to the Treasurer or to an authorised officer in accordance with procedures duly authorised by the Council. All monies shall be recorded in proper books of accounts, shall be accounted for to the Treasurer and held to be dealt with by the Council, or as the Council authorises.
7.3All annual fees from affiliated clubs, individual members and associate members are payable to the Association in accordance with bylaw 21.3.
7.4Members of the Association have no personal rights in the property, monies or other assets of the Association and the Association shall not carry on business for the personal profit of any members.
7.5The financial year of the Association shall commence on July 1 each year.
7.6The Annual Financial Report, duly audited, shall be presented at the Annual Meeting.
 
8.INSURANCE
8.1The Association shall effect and maintain public liability insurance pursuant to Section 44 of the Associations Incorporation Act 1984. (see also appendix 6)
8.2In addition to the insurance required under clause 8.1 the Association may effect and maintain other insurance.
 
9.COMMITTEES
9.1The Council shall have power to establish committees for any purpose within the objectives of the Association.
9.2The Council shall establish bylaws relevant to such committees.
9.3A committee shall be responsible to Council unless specifically stated other wise.
9.4Each committee shall operate under the general provisions for committees in addition to those specific to itself (see by-law 28.1).
 
10.BYLAWS
10.1The Council shall have power to establish, amend and revoke bylaws for any purpose within the objectives of the Association.
10.2Such bylaws are contained within clauses 21 - 50 of this handbook.
10.3Alterations to bylaws shall be in accordance with clause 14 of this handbook.
 
11.REGULATIONS
11.1The Council shall have power to establish, amend and revoke regulations for any purpose within the objectives of the Association.
11.2Such regulations are contained within clauses 51 - 100 of this handbook.
11.3Alterations to regulations shall be in accordance with clause 14 of this handbook.
 
12.STANDING ORDERS
12.1The Council shall have power to establish, amend and revoke standing orders for any purpose within the objectives of the Association.
12.2Such standing orders are contained within clauses 100 - 150 of this handbook.
12.3Alterations to standing orders shall be in accordance with clause 14 of this handbook.
 
13.COMMON SEAL
13.1The Association shall have a Common Seal which shall be kept in safe custody by the Public Officer and shall not be affixed to any document except with the authority of the Council and shall be accompanied by the signature of any two (2) members of the Executive.
 
14.ALTERATIONS TO THIS HANDBOOK
14.1PARTS A AND B; CONSTITUTION AND BYLAWS
14.1.1Parts A and B of this handbook shall not be altered, amended or rescinded except at a Special Meeting of the Council duly called for the purpose.
14.1.2A notice of motion in writing setting out the proposed alteration, amendment or rescission shall be lodged with the Secretary of the Association.
14.1.3Upon receipt of such a proposal, the Secretary shall set a date for a meeting to consider the proposal, such date to be not less than sixty (60) days nor more than ninety (90) days from the date of lodgement.
14.1.4All affiliated clubs and individual members shall receive written notice thereof fifty (50) clear days prior to such meeting and such notice shall set out fully the notice of motion.
14.1.5A twothirds (2/3) majority of those present and eligible to vote shall be necessary to carry such alteration, amendment or rescission to clauses 1 - 20 of this handbook.
14.1.6A simple majority vote by those present and eligible to vote shall be necessary to carry such alteration, amendment or rescission to clauses 21 - 50 of this handbook.
14.1.7Any alteration, amendment or rescission of any clause in Part A or B of this handbook shall not be changed for a period of twelve (12) months.
 
14.2PARTS C AND D: REGULATIONS AND STANDING ORDERS
14.2.1Parts C and D of this handbook may be altered, amended or rescinded at any ordinary meeting of Council by a simple majority vote by those present and eligible to vote. However such intended changes should not be undertaken at less than six-monthly intervals unless, on the recommendation of the Executive, the change is considered to be of an urgent nature.
 
14.3NOTIFICATION
14.3.1Any alteration, amendment or rescission of any clause in this handbook shall be forwarded to the secretaries of all affiliated clubs and holders of copies of the handbook and a master file of such alterations, amendments or rescissions shall be kept at the office of the Association by the Secretary of the Association with a duplicate copy in the custody of the Public Officer (see clause 27.2.3).
 
15.SERVICE OF NOTICES
15.1For the purpose of this handbook, a notice may be served by or on behalf of the Association upon any member either personally or by sending it by post to the member at the member's address shown in the register of members or by fax or email to the fax number or email address last notified to the Association as the fax number or email address of the member.
15.2Where a document is sent to a person by properly addressing, prepaying and posting to the person a letter containing the document, the document shall, unless the contrary is proved, be deemed for the purposes of this handbook to have been served on the person at the time at which the letter would have been delivered in the ordinary course of post. Where a document is sent to a person by fax or email, it shall be deemed served on the day after the day on which it was sent.
 
16.DISSOLUTION
16.1The Association shall not be dissolved except by a resolution passed by threequarters (3/4) of the delegates of Council voting at a Special Meeting of Council called for that purpose and of which fifty (50) days' notice has been given to each affiliated club.
16.2The liability of a member of the Association to contribute towards the payment of the debts and liabilities of the Association or the costs, charges and expenses of the winding up of the Association is limited to the amount, if any, unpaid by the member in respect of membership of the Association.
16.3If on the winding up or dissolution of the Association there remain after the satisfaction of all its debts and liabilities, any monies or properties whatso ever, the same shall be transferred to the Australian Croquet Association Incorporated, an organisation which fulfils the requirements of Section 53(2)(a) and (c) of the Act.