1. NAME

  The name of the Club is CAPEL HOCKEY CLUB (Incorporated) hereinafter referred to as the Club.

2. OBJECTIVES

  The objectives of the Club are:

 2.1 To promote and conduct activities of all kinds with fostering the sport of hockey.

 2.2 To provide instruction in the sport of hockey and encourage participation in

activities.

 2.3 To provide social activities for its members.

 2.4 To promote safety measures in all club activities.

2.5 To solely apply the property and income of the club towards the promotion of the objects of the club and no part of that property or income shall be paid or otherwise distributed, directly or indirectly to members, except in good faith in the promotion of these objectives.

3. POWERS OF THE CLUB

 3.1 To acquire, hold, deal with and dispose of any real or personal property.

 3.2 To open and operate bank accounts.

 3.3 To invest its money:

(i) in any security in which trusts moneys may be invested; or (ii) in any other manner authorised by the rules of the club.

3.4 To give such security for the discharge of liabilities incurred by the club as the club thinks fit.

 3.5 To appoint agents to transact any business of the club on its behalf.

 3.6 To enter into any other contract the club considers necessary or desirable.

4. MEMBERSHIP

4.1 Membership shall be open to any person who wishes to further the interests of the club.

 4.2 Each person admitted to membership shall be:

   4.2.1 bound by the Rules and By-laws of the club;

   4.2.2 become liable for such fees and subscriptions as may be fixed by the club;

4.2.3 entitled to all advantages and privileges of membership.

4.2.4 a member may at any reasonable time inspect the records and documents of the club.

  4.3 Membership Categories:

    4.3.1 ORDINARY MEMBER

      Any person who is a financial member of the club is entitled to hold any office and enjoy the privileges of the club.

4.3.2 JUNIOR MEMBER

 Any person under the age of 13 years may become a junior member. Such shall have no voting rights nor be entitled to hold any office.

4.3.3 STUDENT MEMBER

 Any person over the age of 13 years may become a student member, provided they are a full-time student.

4.3.4 SOCIAL MEMBER

 Persons other than ordinary members who are interested in promoting the club, but who do not wish to participate in the playing activities of the club, may become a social member for a fee as set by the Management Committee.

4.3.5 LIFE MEMBERSHIP

 Any member who has given outstanding service to the club may be elected by the Management Committee as a Life Member. Any member may nominate a person to the Management Committee for consideration for life membership.

4.3.6 PATRON

 The club may, at its discretion elect a patron/s or vice patron/s of the club for such period as may be deemed necessary. Such patron/s or vice patron/s shall not be eligible to vote unless they are financial members under another category of membership.

4.3.7 AFFILIATED TEAMS

 A team desirous of becoming an affiliated team must make application in accordance with the By-laws of the club. Such application must be lodged with the club secretary on or before a date as determined by the Management Committee of the club. Each affiliated team shall appoint or elect a delegate as their representative or elect a delegate as their representative to meetings of the Management Committee. Applicants denied affiliation shall be advised in writing.

 4.4 MEMBERSHIP REGISTER

4.4.1 The Management Committee shall appoint a member of the Management Committee to maintain an up to date of the club.

4.4.2 The Club reserves the right to request the member to provide a Statutory Declaration as to the purpose and charge a fee, if a copy of the membership register is requested.

5. TERMINATION OF MEMBERSHIP

 5.1 Any person's membership may be terminated by the following events:

   5.1.1 Resignation

  5.1.2 False or inaccurate statements made in the member's application for membership of the club, breach of rule, regulation or By-law of the club or commit any act detrimental to the club.

5.2 The Management Committee shall have the power to suspend or expel any member of the club for any of the events in Item 5.1 above.

5.3 Any member who is expelled, suspended or has their membership terminated shall have the right to appeal against their suspension or expulsion by presenting their case to a Special General Meeting called for such purpose, and the decision of the Special General Meeting shall be final.

 5.4 DISCIPLINE OF MEMBERS

Where the Management Committee is advised or considers that a Member has allegedly:

1. breached, failed, refused or neglected to comply with a provision of these Rules, the By-Laws or any resolution or determination of the Management Committee or any duly authorised committee; or

2. acted in a manner unbecoming of a Member or prejudicial to the objects and interests of the Club and/or the sport of Hockey; or

3. brought the Club or the sport of Hockey into disrepute;

4. the Management Committee may commence or cause to be commenced disciplinary proceedings against that Member, and that Member will be subject to, and submits unreservedly to the jurisdiction, policy, procedures, penalties and appeal mechanisms (if any) of the Club, Busselton Association, Hockey WA or Hockey Australia as deemed appropriate by the Management Committee. DISCIPLINARY PROCEDURE

• the disciplinary procedure will be implemented in accordance with these Rules and shall follow the following format:

a) the management committee shall appoint three persons to the tribunal and one of whom, will be appointed chairperson.

b) no member of the disciplinary tribunal shall be permitted to hold any office on the management committee.

c) a vacancy on the disciplinary tribunal may be filled by an impartial committee member.

d) three members of the disciplinary tribunal shall constitute a quorum.

e) where the committee deems an alleged breach exists, the tribunal shall inform the member in writing, as soon as practicable, the details and their options to either attend or provide a written statement prior to the hearing.

f) the member shall be provided every opportunity to be heard and the tribunal must determine whether the alleged breach occurred.

g) neither the committee nor the member is entitled to legal representation at the tribunal hearing.

h) the tribunal may either dismiss the matter or apply an appropriate penalty, dependent upon their determination.

i) there is no right of appeal available to either the association or the member. The decision by the tribunal is final and binding.

5.5 GRIEVANCE PROCEDURE

5.5.1 Grievance by a Member

Where a Member of the Club has a grievance with another Member or with the Club (but not being any of the grounds set out in Rule 5.4) and that Member considers the grievance warrants investigation and action by the Club, the Member shall follow the procedure set out in this Rule 5.5

a) The parties to a dispute must attempt to resolve the dispute between themselves within 14 days of the dispute coming to the attention of each party

b) If the dispute is between one or more Members and the Club;

the member/s must give written notice to the Secretary or other person authorised by the Management Committee stating that the member/s do not agree to the dispute being determined by the Management Committee;

c) The Management Committee must not determine the dispute

d) The member/s requesting the appointment of a Grievance Officer must pay the associated costs.

 5.5.2 Grievances Officer

The Member shall contact, either by telephone or in writing, the Club's Grievances Officer (“Grievance Officer”), appointed by the Management Committee (but not a member of the Management Committee), and advise they have a grievance which they wish to discuss. The identity of the nominated Grievances Officer will be communicated to all Members of the Club by written notice. Where a grievance is to be submitted in writing it should be addressed clearly to the Grievances Officer and marked “Private & Confidential”.

 5.5.3 Action by Grievances Officer

(a) Where a grievance has been received by the Grievances Officer they shall, as soon as practicable, meet with, or discuss the grievance with the aggrieved member/s. The Grievances Officer may take whatever steps and conduct whatever investigations necessary to determine whether the grievance is legitimate.

(b) Where the Grievances Officer determines the grievance is legitimate, they shall take all reasonable steps to resolve the grievance.

(c) Where the Grievances Officer determines the grievance is not legitimate, they shall advise the aggrieved Member accordingly. If the aggrieved Member is not satisfied with the Grievances Officer’s determination, they may take whatever further action they consider necessary or appropriate.

(d) Where the Grievances Officer is unable to resolve a grievance or considers the grievance of a very serious nature, they shall report the grievance to the Management Committee for action.

(e) All grievances received by the Grievances Officer, and all information surrounding the circumstances of a grievance which is discovered by the Grievances Officer on investigation shall be confidential and may be communicated only to the Management Committee.

 5.5.4 Procedures by Grievances Officer

In investigating a grievance and/or determining its legitimacy, the Grievances Officer shall observe and apply the procedures applicable to a proceeding under Rule 5.4, in so far as they are applicable.

6. MANAGEMENT COMMITTEE

6.1 Management of the club shall be vested in the Management Committee elected by the members at the Annual General Meeting and consisting of:

   6.1.1 President

   6.1.2 Vice President

   6.1.3 Secretary

   6.1.4 Treasurer

   Who hereafter shall be referred to as the Executive of the Club

   6.1.5 Junior Co-ordinator

   6.1.6 5 Committee Members

   6.1.7 Sub Committee of Coaches and/or Team Managers, once appointed

6.2 A quorum of the Management Committee shall be a minimum of three (3) of the four (4) Executive plus two of the Management Committee.

7. POWERS OF THE EXECUTIVE AND MANAGEMENT COMMITTEE

  7.1 The Executive and Management Committee shall carry out the day to day running of the club and shall have the power to:

     Executive Committee:

  7.1.1 Administer the finances, appoint bankers, and direct the opening of banking accounts for specific purposes and to transfer funds from one account to another, and to close any such account;

    7.1.2 Fix the manner in which such banking accounts shall be operated upon, providing all payments are passed by the Executive Committee and all proceedings to be tabled at the next Management Committee meeting.

7.1.3 The Treasurer is required to keep custody of all the financial documentation and records

The Secretary is required to keep custody of all other records which is

mandatory to be kept by the club .

7.1.4

 Management Committee:

7.1.3 Fix fees and subscriptions payable by members and decide such levies, fines and charges as are deemed necessary and advisable, and to enforce payment thereof;

     7.1.4 Adjudicate on all matters brought before it which in any way affect the club;

7.1.5 Cause minutes to be made of all proceedings at meetings of the Management Committee and Special General Meetings of members;

     7.1.6 Make, amend and rescind rulings and By-laws;

  7.1.7 Have the power to form and appoint Coaches, Managers and any sub Committee/s as required for specific purposes;

     7.1.8 May at their discretion employ a person or persons to carry out certain

      duties required by the club at salaries or remunerations for such period of time, as may be deemed necessary;

 7.2 MANAGEMENT COMMITTEE VACANCY

Should a vacancy occur on the Management Committee during the season, the Management Committee shall call for nominations for a successor. Should more than one nomination be received, an election will be called and the position voted by the Management Committee. The successor's term will expire at the next AGM.

8. Appointment of an Examiner

  8.1 The Annual General Meeting shall elect or appoint a person to examine all the club records and financial statements and check for their accuracy and report thereon to the Annual General Meeting.

9. Meetings

     9.1 Annual General Meetings

  9.1.1 The Annual General Meeting of the club shall be held within four (6) months after the end of the club's financial year.

     9.1.2 The Secretary shall give at least fourteen (14) days notice of the date of the

       Annual General Meeting to members.

     9.1.3 All financial members may attend and vote at the Annual General Meeting.

9.1.4 The quorum at the Annual General Meeting shall be a minimum of three (3) of the four (4) Executive plus two (10) financial members. If at the end of 30 minutes after the time appointed in the notice for the opening of the meeting there be no quorum, the meeting shall stand adjourned and rescheduled for one week, or until such time as the quorum is reached.

     9.1.5 The agenda for an Annual General Meeting shall be:

(i) Open

(ii) Apologies and Present

(iii) Minutes of Previous AGM

(iv) Presentation of: a) Presidents Report

b) Treasurers Report

c) Committees/Coach’s Report

(v) Election of Office Bearers

(vi) Appointment of Coaches (Delete) Appointment of a Grievance Officer

(vii) Nomination of Persons to Cheques delete as specified in point 11.7

(viii) Appointment of Accounts Reviewer

(ix) Notices of Motion

(x) Closed

 9.2 Special General Meetings

9.2.1 Special General meetings may be called by the Management Committee or at the request of the President and Secretary or on the written request of more than ten (10) percent of financial members of the club.

9.2.2 The Secretary shall give at least seven (7) days notice, in writing, of the date of the Special General Meeting to the members. Notice of Special General Meetings shall set out clearly the business for which the meeting has been called.

9.2.3 The quorum at the Special General Meeting shall be a minimum of ten

(10) members

10. VOTING

10.1 Voting powers at the AGM and Special General Meetings:

10.1.1 The President shall be entitled to a deliberate vote and in the event of a tied vote, the President shall exercise a casting vote.

10.1.2 Each individual financial member present, including committee members shall have one (1) vote, regardless of number of positions held.

10.1.3 Should both coach and manager of a team be present, then only the coach's vote will be accepted, except if the manager is a financial member, then both votes shall be accepted.

10.1.4 No proxy or postal votes permitted.

10.2 Voting powers at Executive and Management Committee Meetings:

10.2.1 The President shall be entitled to a deliberate vote, and in the event of a tied vote, the President shall exercise a casting vote.

10.2.2 Each individual committee member present shall have one (1) vote, subject to clause 10.1.3 above.

10.2.3 The presence of a committee member, at a Management Committee meeting need not be by attendance in person but maybe by that committee member and each other committee member at the meeting, be simultaneously in contact by telephone or other means of instantaneous communication.

10.2.4 A committee member who participates in a Management Committee meeting as allowed [10.2.3] is taken to be present at the meeting and, if the member votes at the meeting, the member is taken to have voted in person.

10.2.5 All urgent Out of Session Motion adjudication or approval by the Management Committee requires a 60% for or against vote by email. Records of the motion and votes to be tabled and recorded at the next meeting of the Management Committee.

10.3 Term of Management Committee members:

A Management Committee member’s term will be from his or her election at an annual general meeting until the next annual general meeting after his or her election, but he or she is eligible for re-election to membership of the Management Committee.

10.4 Casual vacancies in membership of Management Committee

A casual vacancy occurs in the office of a Management Committee member and that office becomes vacant if the Management Committee member-

a) being a natural person, dies;

b) resigns their office in writing to the Club and that resignation is accepted by resolution of the Management Committee;

c) is permanently incapacitated by mental or physical ill-health;

d) is absent from more than-

(i) 4 consecutive Management Committee meetings; or

(ii) 4 Management Committee meetings in the same financial year without tendering an apology to the person presiding at each of those Management Committee meetings; of which meetings the member received notice, and the Management

Committee has resolved to declare the office vacant;

e) ceases to be a member of the Club; or

f) becomes of unsound mind or a person whose person or estate is liable to be dealt with in any way under the law relating to mental health

g) without prior consent or later ratification of the Member at a Special General Meeting, holds any position of profit under the Club.

h) is removed from office by Special Resolution in a Special General Meeting;

i) Under section 37 of the model rules, the following persons must not, without leave of the Commissioner, accept an appointment or act as a member of a Management Committee of Club if;

1. a person who is, according to the Interpretation Act 1984 section 13D, a bankrupt or person whose affairs are under insolvency laws;

2. a person who has been convicted, within or outside the State, of an indictable offence in relation to the promotion, formation or management of a body corporate; or

3. an offence involving fraud or dishonesty punishable by imprisonment for a period of not less than three months; or

4. an offence under Part 4 Division 3 or section 127 of the Act 2015

j) Section 37 of the model rules only applies to a person who has been convicted of the above sub-rule 10.4.i offences only for a period of 5 years from the time of the person’s conviction, or if the conviction results in a term of imprisonment, from the time of the person’s release from custody.

k) Where a person ceases to be a member of the Management Committee, that person, as soon as practicable after their membership ceases, is required to deliver to a member of the Management Committee all of the relevant documents, records and intellectual property they hold pertaining to the management of the Club’s affairs

10.5 Meetings:

10.5.1 The Management Committee must meet together for the dispatch of business not less than 6 times in each year and the President, or at least half the members of the Management Committee, may at any time convene a meeting of the Management Committee

10.5.2 Subject to these rules, the procedure and order of business to be followed at a Management Committee meeting must be determined by the Management Committee members present at the Management Committee meeting.

10.5.3 As required under sections 21 and 22 of the Act 2015, a Management Committee member having any direct or indirect pecuniary interest in a contract, or proposed contract, made by, or in the contemplation of, the Management Committee (except if that pecuniary interest exists only by virtue of the fact that the member of the Management Committee is a member of a class of persons for whose benefit the Club is established), must-

(a) as soon as he or she becomes aware of that interest, disclose the nature and extent of his or her interest to the Management Committee; and

(b) not take part in any deliberations or decision of the Management Committee with respect to that contract.

10.5.4 Sub-rule 10.5.3 (a) does not apply with respect to a pecuniary interest that exists only by virtue of the fact that the member of the Management Committee is an employee of the Club.

10.5.5 The Secretary must cause every disclosure made under sub-rule 10.5.3 (a) by a member of the Management Committee to be recorded in the minutes of the meeting of the Management Committee at which it is made.

11. FINANCE

11.1 All funds of the club shall be deposited into the club account at such a bank or recognised financial institution as the Management Committee may determine.

11.2 All accounts due by the club shall be paid by cheque or electronic funds transfer after having been passed for payment at the Management Committee meeting and when immediate payment is necessary, account/s shall be paid and the action endorsed at the next Management Committee meeting.

11.3 The Secretary shall not spend more than a set amount of petty cash without the consent of the Management Committee and shall keep a record of such expenditure in a petty cash book.

11.4 A statement showing the financial position of the club shall be tabled at each Management Committee meeting by the Treasurer.

11.5 A statement of income and expenditure, assets and liabilities shall be submitted to the Annual General Meeting. The Examiners Reviewer’s Report shall be attached to such financial report.

11.6 The financial year of the club shall commence on the 1st of November. The accounts, books and all financial records of the club shall be examined reviewed each year according to Australian Accounting Standards and to the applicable Tier reporting requirements under Section 71 & Section 73 of the Act 2015.

11.7 The signatories to the club accounts will be the Treasurer and any one (1) from the following:

     President Vice President Secretary

11.8 SOURCE OF FUNDS

The funds of the Association may be derived from membership subscriptions, fees and levies payable by Members, donations, grants, sponsorships and such other sources as the Management Committee determines.

11.9. APPLICATION OF INCOME

The income and property of the Club shall be applied solely towards the promotion of the objects of the Club as set out in these Rules.

11.10 No Income to Members

Except as prescribed in these Rules:

a) no portion of the income or property of the Club shall be paid or transferred, directly or indirectly by way of dividend, bonus or otherwise to any Member; and

b) no remuneration or other benefit in money or money's worth shall be paid or given by the Club to any Member who holds any office of the Club

c) the circumstances (if any) in which payment may be made to a member of the Management Committee out of the funds of the Club can only occur if the payment is authorised by a resolution of the Club

11.11 Payments in Good Faith

Nothing contained in Rule 11.10 shall prevent payment in good faith of or to any Member for:

a) any services actually rendered to the Club whether as an employee or otherwise;

b) goods supplied to the Club in the ordinary and usual course of operation;

c) interest on money borrowed from any Member;

d) rent for premises demised or let by any Member to the Club;

e) any out-of-pocket expenses incurred by the Member on behalf of the Club or

f) any other reason provided that any such payment shall not exceed the amount ordinarily payable between ordinary commercial parties dealing at arm’s length in a similar transaction.

12. ALTERATIONS TO THE RULES AND BY-LAWS

  12.1 No alterations, repeal or addition shall be made to the Rules except at the Annual General Meeting or Special Meeting called for that purpose and notice of motions to alter, repeal or add to the Rules shall be given to members fourteen (14) days prior to the Annual General Meeting or seven (7) days prior to a Special Meeting called for such purpose. As well,

  12.2 The Secretary shall forward such notices of motions to each Management Committee member at least fourteen (14) days prior to the Annual General Meeting or seven (7) days prior to a Special Meeting.

 12.3 Alterations to the By-laws can only be made at Management Committee Meetings provided notice of the proposed alterations has been duly notified to Committee

    Members.

 12.4 Such motions or any part thereof shall be of no effect unless passed by a seventy five percent (75%) majority (special resolution) of those present and entitled to vote at the Annual General Meeting, Special General Meeting or Management Committee Meeting, as the case may be.

13. DISSOLUTION

 The Club may be dissolved or wound up by a special resolution of a 75% majority vote at any Special Meeting called for such purpose. If upon the winding up or dissolution of the Club there remains after satisfaction of all its debts and liabilities any property whatsoever, the same must not be paid to or distributed among the members, or former members, unless due process of tender is sanctioned by a special resolution of a 75% majority vote at any Special Meeting called for such purpose. Otherwise the surplus property must be given or transferred to another association incorporated under the Act which has similar objects and which is not carried out for the purposes of profit or gain to its individual members, and which Association or Club shall be determined by resolution of the members.

  14. COMMON SEAL

  The common seal of the club shall be kept in the care of the President. The seal shall not

 be used or affixed to any deed or other document except pursuant to a resolution of the Management Committee and in the presence of at least the President and two (2)

  members of the committee, both of whom shall subscribe their names as witnesses.

15. INDEMNITY

Management Committee to be Indemnified

Every Management Committee member, manager, volunteer, employee or agent of the Association shall be indemnified to the extent provided under the directors and officers insurance policy of the Association (if any) against any liability incurred by them in their capacity as Committee member, manager, volunteer, employee or agent in defending any proceedings, whether civil or criminal, in which judgement is given in their favour or in which they are acquitted or in connection with any application in relation to any such proceedings in which relief is, under the Act, granted to them by the Court.