Club Rules

NAME
1. The name of the Club shall be the Kew East Basketball Club Inc.

PURPOSE
2. The purpose of the Club is to:
2.1 promote the game of basketball;
2.2 teach under-age players the rules and skills of the game, providing a suitable environment for training and match exposure; and
2.3 give all players the opportunity to play the game in a competitive match environment, teaching sportsmanship and the need for fair play.

MEMBERSHIP
Eligibility
3. Membership of the club shall comprise the following:
3.1 all currently registered players who are in good financial standing and not under suspension;
3.2 parents and guardians of players defined in clause 3.1;
3.3 coaches and any other officials of the club; and
3.4 any other interested persons at the discretion of the Club Committee.

Membership Register
4. The Club Committee (“The Committee”) shall keep and maintain a register of members containing members’ names, addresses and any other details necessary for the effective administration of the Club. Information on where this register can be inspected is available from the Club’s Secretary (see clause 48).
5. Any member may inspect her/his own registration details. (Access to other members’ details will be at the discretion of the Committee, having regard to the principles of privacy guidelines).

Cessation of Membership
6. The Committee may:
6.1 suspend, expel or otherwise discipline a member in accordance with the principles and processes set out in the Club’s Disciplinary Policy determined by the Committee from time to time; and
6.2 deny a transfer from the Club to players not in good financial standing, but not for other reasons.

7. These powers may be delegated by the Committee to a nominated sub-committee.

MEMBERSHIP FEES
8. The Committee shall determine members’ fees from time to time according to the following principles:
8.1 the objective is that each of the two playing seasons in the year shall be self-financing. However, some annual expenses will be allocated evenly to each playing season in accordance with normal accrual accounting practice;
8.2 the objective is that the Club be run essentially on a break-even basis. A small operating surplus or deficit for each playing season will be consistent with this objective;
8.3 a moderate operating surplus or deficit. in a playing season will be acceptable to restore cash balances to prudentially appropriate levels;
8.4 while the usual rule for individual player fees will be the “user pays” principle, the Committee may, at its discretion, determine reduced fees in exceptional circumstances. These will be limited to financial hardship of the member(s) concerned. Members of the Committee will not qualify for reduced fees in recognition of Committee membership, but are eligible equally with other members on financial hardship grounds. The Committee may delegate its determination powers under this clause to a nominated sub-committee;
8.5 in addition to, or in replacement of, the members’ entry fees for each playing season, the Club may charge an annual subscription fee;
8.6 the Committee may set different entry and/or subscription fees for each class of member set out in clause 3.

CLUB COMMITTEE
Committee Structure, Elections and Appointments
9. The Committee must include:
9.1 a President, Vice-President, Secretary and Treasurer, and
9.2 up to six other members

10. Half of the Committee members will retire at each AGM, with the other half retiring at the following AGM. Retiring Committee members may seek re-election. Following the AGM, the Committee will appoint its members to the positions of President, Vice-President, Secretary, Treasurer and all other positions nominated by the Committee.

Casual and Related Committee Vacancies
11. In the event that insufficient nominations are received to fill the vacant positions, or if a Committee position becomes vacant during the year, the Committee shall have the discretion to appoint any member to fill the vacancy either at the annual general meeting or during the year.
12. In addition to the Committee membership in clause 9 above, the Committee may co-opt two additional members to the Committee. Such members shall only serve until the next annual general meeting of members.

Required Vacancy
13. The position of a member of the Committee shall become vacant in the case of:
13.1 death;
13.2 consistent failure to attend Committee meetings;
13.3 resignation; or
13.4 behaviour by the member that is judged prejudicial to the interests of the Club. Such a finding must be made at a specially convened meeting of the Committee and be made by at least a two-thirds majority of Committee members attending that meeting. The rules of natural justice must be applied in such a case.

COMMITTEE MEETINGS
Committee Meeting Quorum and Management
14. A quorum for Committee meetings shall be four Committee members, including at least one of the President, Vice-President, Secretary and Treasurer.
15. Committee meetings will be chaired by the President. If he/she is not available, then the chair for that particular meeting will pass progressively to the vice-President, Secretary or Treasurer until one is available.

Ordinary Committee Meetings
16. For ordinary business meetings, the Committee will aim to observe the following practices:
16.1 notice of the meeting should be given at least 7 days in advance. This need not be in writing;
16.2 the meeting agenda should be circulated in advance, particularly if the meeting is to include items of complexity or sensitivity;
16.3 the agenda must include a section for “other business”.
17. Ordinary Committee meetings will normally be open to all members of the Club, but the Committee may, through reasonable exercise of its discretion, exclude non-Committee members for all or part of a meeting.

Special Committee Meetings
18. Any Club member may request the Secretary to arrange a Committee meeting to discuss and resolve special matters. Such a request must be in writing and set out clearly the matter(s) to be resolved. The Secretary shall convene the requested meeting by:
18.1 advising the Committee in writing of the time and place of the meeting with at least 7 days notice, and with a copy of the written request; and
18.2 advising all particular interested parties as in clause 18.1.
19. The Committee must ensure that natural justice is accorded to all people with a particular interest in the matters concerned. Any member who potentially may suffer pecuniary or other loss as a result of the meeting must be given a reasonable opportunity to present her/his case to the meeting.
20. The Committee may, through reasonable exercise of its discretion, exclude non-Committee members for all or part of a special meeting.
21. No business other than that directly related to the matters in the written request may be discussed at a special meeting.

PUBLIC OFFICER
22. The Public Officer for the purposes of the Club’s legal obligations under the Associations Incorporation Act shall be the Treasurer or other Committee member determined from time to time by the Committee.

BUSINESS AND FINANCIAL MATTERS
23. The President, Vice-President, Secretary and Treasurer shall conduct the ordinary business and financial matters of the Club according to any policies determined by the Committee.
24. Specific ordinary business matters may be assigned by the Committee to any Committee member(s) to be carried out on an ongoing basis in accordance with any policies determined by the Committee.

MEMBERS’ MEETINGS
General Procedures
25. A members’ meeting shall have supreme power in all Club matters except the discipline of members.
26. Meetings of members shall be called by the Secretary by written notice provided to team managers for distribution to player members. There must be at least one such meeting in each twelve-month period ending 30 September each year.
27. A quorum for members’ meetings shall be 10.
28. An agenda for members’ meetings must be provided in writing to all team managers for distribution to player members and coaches at least 21 days in advance, and shall include any motions proposed. Distribution to members who are not coaches, players or players’ parent(s)/guardian(s) shall be made by the Secretary by mail or other means to the member concerned.
29. Members’ meetings shall be chaired by the President. If he/she is not available, then the chair for that particular meeting will pass progressively to the Vice-President, Secretary or Treasurer until one is available: If none of these is available at the meeting, then the members present may elect one of them to preside over the meeting.
30. The President or other member chairing the meeting may allow additional motions to be put during the course of the meeting, provided that these are consistent with the agenda matters discussed at the meeting.
31. Voting on any issue at any members’ meeting may be by such members personally attending that meeting or by written proxy.

Changes to Club Rules and/or Purpose
32. Proposed changes to the Club’s purpose or rules may be determined at any members’ meeting. The changes proposed must be included as an attachment to the meeting’s agenda. Such changes must be approved with or without amendment by at least three quarters of the members attending the meeting (or providing a proxy vote) and entitled to vote.

Annual General Meeting
33. An Annual General Meeting (“AGM”) of members shall be convened by the Secretary each year between the first day of October and the last day of November.
34. The ordinary business of the AGM shall be to:
34.1 confirm the minutes of the previous AGM and of any other members’ meetings held since that prior AGM;
34.2 endorse the financial statement(s) of the Club’s operations and transactions during the past financial year;
34.3 approve changes to the Club’s purpose, rules, policies, business operations and practices; and
34.4 elect members to the Committee vacancies. Nominations for all vacant Committee positions must be lodged with the Secretary at least 7 days prior to the AGM. Such nominations must be signed by the Proposer, Seconder and Nominee, all of whom must be members of the Club.
35. Other business may be transacted provided that members have prior notification in the AGM agenda.

Other Meetings of Members
36. Other meetings of members shall be called by the Secretary as soon as is practicable to execute a motion passed at a Committee meeting or to execute a written request to the Secretary by at least 10 Club members. Such written request must clearly state the matters to be discussed at the members’ meeting.

GRIEVANCE PROCEDURE
37. Disputes may arise between members, or between a member and the Club.
38. The parties to the dispute must meet and discuss the matter in dispute and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all parties.
39. If the dispute is between members, and the parties are unable to resolve it at the meeting, then the President of the Club shall appoint a mediator who shall convene a further meeting of the parties within 14 days. Any person, including a member, who is not party to the dispute may be a mediator. If the matter still cannot be resolved then it shall be referred to the Club President for determination.
40. If the dispute is between a member and the Club, then the President or one or more Committee members nominated by the President will represent the Club. If the matter cannot be resolved, then it shall be referred to the President for determination.
41. Any party to the dispute who is dissatisfied with the President’s determination may appeal to the Hawthorn Basketball Association in accordance with the rules of both this Club and that Association.

FINANCIAL MANAGEMENT
Sources of Funds
42. The funds of the Club may be obtained from subscriptions, games and tournaments conducted by the Club, sponsorships, gifts, sale of Club gear, rebates from other bodies, special events or activities organised by Club members, interest on investments and other such sources as the Committee may determine.
43. The Committee may not borrow funds without prior approval of a general members’ meeting.

Uses of Funds
44. Funds drawn must be used solely for the Club’s business and operational activities as determined by the Committee.
45. All withdrawals from the Club’s bank or other investment accounts must be signed by two Committee members nominated from time to time by the Committee.

Investments
46. The Committee must maintain bank accounts or other investments approved by the full committee on a minimum risk basis that also provides immediate liquidity. Investments that are speculative or that otherwise may involve significant risk of reduction of capital are precluded.

Financial Reporting
47. A Treasurer’s statement should be provided to all Committee meetings.
48. An annual Treasurer’s statement shall be provided to the Annual General Meeting of members, and shall be consistent with the requirements of the Associations Incorporation Act.
49. The Club’s financial year shall be 1 October to 30 September to align with the two playing seasons.

COMMON SEAL
50. The Common Seal, if any, of the Club shall be kept in the custody of the Public Officer.
51. The Common Seal, if any, shall not be affixed to any instrument except on the authority of the Club Committee. The affixing of any such Common Seal shall be attested by the signature of two members of the Club Committee.

CUSTODY OF BOOKS AND OTHER DOCUMENTS
52. Except as otherwise provided in these rules or by the Committee, the Public Officer shall keep in her/his custody or under her/his control all books, documents and securities of the Club.
53. The Secretary shall maintain the register of members and the register of minutes of Club Committee meetings.

INSPECTION OF BOOKS
54. Members may inspect the books and documents of the Club on application to the Secretary.

DISPOSITION OF SURPLUS ASSETS
55. In the event of the winding up or the cancellation of the incorporation of the Club, disposition of any surplus assets shall be determined by a general meeting of members called solely for that purpose. That meeting must be advised to members at least 21 days in advance, and all resolutions passed require a vote in favour by at least three quarters of members eligible to vote and who attend the meeting or provide a proxy vote.