DANDENONG DISTRICT CRICKET UMPIRES ASSOCIATION INC.
RULES OF INCORPORATION
DANDENONG DISTRICT CRICKET UMPIRES ASSOCIATION INC.
INDEX
1.Name
2.Interpretation
3.Objects
4.Application For Membership
5.Life Membership
6.Annual Subscription
7.Register of Members
8.Resignation of Member
9.Expulsion of Member
10.Rights of Classes of Members
11.Committee of Management
12.Officers
13.Appointment of Board
14.Secretary
15.Treasurer
16.Social Secretary
17.Removal of Member of Committee
18.Pecuniary Interest of Committee Member
19.Annual General Meeting
20.Election of Officers
21.General Meetings
22.Proceedings at Meetings
23.Chairing of Meeting
24.Adjournment of Meeting
25.Resolutions
26.Voting
27.Request for Poll
28.Members Entitlement to Vote
29.Appointment of Proxy
30.Proceedings of Committee
31.Office Becoming Vacant
32.Dispute Settlement Procedures
33.Cheques
34.Seal
35.Custody of Records
36.Funds
37.Alteration of Rules and Statement of Purposes
38.Notices
39.Winding Up or Cancellation
40.Umpires Appointment Board
41.Duties of Umpires Advisor
42.Duties of Assistant Secretary
43.Umpires Dress Code
Appendix 1.Application for Umpiring Membership
Appendix 2.Application for Social Membership
Appendix 3.Form of Appointment of Proxy
Appendix 4.Application for Renewal of Umpiring Membership
Appendix 5Nomination Form for Committee
DANDENONG DISTRICT CRICKET UMPIRES ASSOCIATION INC.
RULES OF INCORPORATION
NAME
1.The name of the incorporated Association is Dandenong District Cricket Umpires Association Inc. (in these Rules called "the Association).
INTERPRETATION
2.(1)In these Rules unless the contrary intention appears:
"Committee" means the Committee of Management of the Association.
"Financial Year" means the year ending on 30th April.
"General Meeting" means a General Meeting of members convened in accordance with Rule 21.
"Member" means a member of the Association including a Social Member.
"Ordinary Member of the Committee" means a member of the Committee who is not an officer of the Association under Rule 12.
"The Act" means the Association Incorporation Act 1981.
"The Regulations" means the regulations under the Act.
"WWC" means Working With Children Check card as issued under the Working with Children Act 2005.
“writing” may include electronic forms of communication e.g. email, website etc.
(2)In these Rules, a reference to the Secretary of the Association is a reference:
(a) Where a person holds office under these Rules as Secretary of the Association, to that person; and
(b) In any other case, to the Public Officer of the Association.
(3)Words or expressions contained in these Rules shall be interpreted in accordance with the provisions of the Acts Interpretation Act 1958 and the Act as in force from time to time.
OBJECTS
3.The objects of the Association shall be:
(1)The protection and furtherance of the interests of Umpires of the Dandenong
District Cricket Association (hereinafter referred to as the DDCA).
(2)The promotion of efficiency and fellowship amongst all cricket umpires.
(3)By discussions, to achieve unanimity in the interpretation of the Laws of Cricket and the Rules of the DDCA
(4)To promote the participation and enjoyment of the game of cricket in the interests
of true sportsmanship.
(5)To trade with members and non-members to gain an income by selling purchasing goods and services. Any profit will be retained for the purposes of members only.
Such trading is subject to Rule 18 of these Rules.
APPLICATION FOR MEMBERSHIP
4.(1)A natural person may only nominate for membership of the Association as either
(a)An Umpiring Member, or
(b)A Social Member
but cannot be a member of both classes of membership
(2)A natural person who is nominated and approved as a member as provided in these Rules is eligible to be a member of the Association on payment of the annual membership fee of $20.00.
(3)A natural person who is nominated and approved as an Umpiring member as provided in these Rules is eligible to be a member of the Association on payment of the annual subscription fee.
(4)A nomination of a person for membership of the Association:
(a)Shall be lodged in writing in the form set out in Appendix 1 for an Umpiring member and in the form set out in Appendix 2 for a Social Member; and
(b)Shall be lodged with the Secretary of the Association together with the annual membership fee.
(4)As soon as practicable after receipt of a nomination, the Secretary shall refer the nomination to the Committee.
(5)Upon a nomination being referred to the Committee, the Committee shall determine whether to approve or reject the nomination.
(6)If a nomination for membership is rejected by the Committee the Secretary shall, within 28 days, notify the nominee of the rejection in writing.
(7)The Secretary shall, upon payment of the annual subscription fee referred to in Rule 6 for an Umpiring Member, within the period referred to in Rule 6, enter the nominees name in the Register of Members kept by him and, upon the name being so entered, the nominee becomes a member of the Association.
(8)A right, privilege or obligation of a person, by reason of their membership of the
Association:
(a)Is not capable of being transferred or transmitted to another person.
(b)Terminates upon the cessation of their membership whether by death or resignation or otherwise.
(9)A person must certify on application for membership that they have not been found guilty of :
(a)A criminal offence
(b)An offence of a financial nature which would preclude them from holding an office on the Committee .
Persons who have been found guilty of offences mentioned above will not be admitted to membership of the DDCUA until the Committee has ruled on their fitness to be accepted. Any refusal as a member,by the Committee, is final and will not be subject to appeal under these Rules.
(10)An Umpiring Member will be required to hold a current WWC card unless exempt from a WWC by virtue of their occupation. The Committee can require an Umpiring Member to apply for and obtain a WWC within a period of time determined by the Committee. Umpiring members who are exempt by virtue of their occupation must advise the Committee of reasons for claiming exemption.
(11)Each year after being registered as a Member, a member will be required to renew their membership in the form set out in Appendix 4 for an Umpiring member.
LIFE MEMBERSHIP
5.(1)A Life Membership Committee (referred to as the LMC hereafter) will be formed each year consisting of at least three Life Members and a Chairperson from the Comittee.
(2)(i)A member may submit a nomination for Life Membership to the LMC for its consideration;
(ii)Such nomination shall be seconded by another member prior to submission to the LMC and shall include the reasons for the nomination.
(3)The LMC will consider members for the awarding of Life Membership who have provided special service to the Association in accordance with sub-clause (4) below, and may recommend persons it sees fit for Life Membership to the Committee who will vote on awarding Life Membership.
(4).Special Service to the Association means:
(a)Membership of this Association of 10 years or more;and
(b)Exemplary service to the association through length of membership, or as an officer of this Association or, as a member of the Committee of this Association; and
(c)Conduct which has promoted the Objects of this Association.
(5)(a)Persons who are granted Life Membership of the Association shall not berequired to pay the annual membership fee or annual subscriptionprescribed in Rule 6 unless they are appointed to umpire any game as mentioned in Rule 40 (5).
(b)In the event of a life member being appointed to umpire under Rule 40, that life member will be required to pay one half of the fees as prescribed under Rule 6 of these rules.
ANNUAL SUBSCRIPTION
6.(1)The Annual Subscription for an Umpiring member shall be determined at an Annual General Meeting by a majority of members and is payable in advance on or before the last Saturday in October of each year or in the case of a new member within one month of their first appointment.
(2)A special levy, as determined by the Committee, may be imposed by a majority of financial members present at a General meeting.
(3)Non-payment of the annual membership fee, the annual subscription by the due date, any levies as imposed by these rules or monies owed to the association shall render an Umpiring member ineligible for further appointments, or to attend meetings or functions of the Association, until amounts in arrears are repaid. In extenuating circumstances, the Committee may defer payment, or grant exemption there from.
REGISTER OF MEMBERS
7.The Secretary shall keep and maintain a Register of Members in which will be entered the full name, address and date of entry of the name of each member and the register shall be available for inspection by members at the meeting rooms of the Association.
RESIGNATION AND EXPULSION OF MEMBER
8.(1)A member of the Association who has paid all monies due and payable by them to the Association may resign from the Association by first giving one months notice in writing to the Secretary of their intention to resign, and upon the expiration of that period of notice, the member shall cease to be a member.
(2)Upon the expiration of a notice given under sub-clause (1), the Secretary shall
make in the Register of Members, an entry recording the date on which the member by whom the notice was given, ceased to be a member.
(3)A member of the Association will be automatically expelled from the Association when:
(a)He is found guilty of a criminal offence; or
(b)He is found guilty of an offence of a financial nature which precludes him from being an officer of the Committee of Management; or
(c)He fails to obtain a Working With Children Check within the time specified by the Committee or receives a Negative Notice under the WWC Act 2005
9.(1)Subject to the Rules, the Committee may by resolution:
(a)Expel a member from the Association
(b)Suspend a member from membership of the Association for a specified
period; or
(c)Fine a member in accordance with the Regulations, if the Committee is of the opinion that the member:
(i)Has refused or neglected to comply with these Rules; or
(ii)Has been guilty of conduct unbecoming a member, or prejudicial to the interests of the Association.
(2)A resolution of the Committee under sub-clause (1) shall not take effect until all hearings possible under these Rules have been exhausted either by meetings or by the expiration of time.
(3)A panel (hereafter referred to as the panel) consisting of the President, the Secretary and a three non-Committee members will be formed to hear any defence by a member against the resolution. Only the three non Committee members will vote on the defence by the member.
(4)Where action is to be considered under sub-clause (1) above, a member must be informed in writing within 48 hours of the resolution. The following is to be advised to the member:-
(a)The full circumstances of the breach including actions by the member considered to breach these Rules.
(b)The member's right to be heard not earlier than 7 days or more than 14 days from the notification, at a meeting to be arranged by the Secretary at a mutually acceptable time for the panel and the member.
(c)Informing the member that they may do one or more of the following:
(i)Attend that meeting ;
(ii)Give to the Committee before the date of that meeting a written statement seeking the revocation of the resolution;
(iii)Not later than 24 hours before the date of the meeting, lodge with the Secretary a notice to the effect that they wish to appeal to the Association in General Meeting against the resolution.
(5)At a meeting of the panel under sub-clause (4) above, the panel:
(a)Shall give to the member an opportunity to be heard.
(b)Shall give due consideration to any written statement submitted by the
member ; and
(c)Shall by resolution determine whether to confirm or revoke the resolution.
(d)At any panel meeting a simple majority will decide either the confirmation or revocation of the resolution.
(e)A question at a panel meeting shall be determined by a poll. Such poll will be a written secret ballot which will be collated by the one of the Committee members present. The election of the Committee person responsible for collation of the poll will be by nomination and a show of hands will be sufficient for purposes of such appointment.
(6)Where the Secretary receives a notice under sub-clause (4)(c)(iii), he shall notify the
Committee and the Committee shall convene a General Meeting of the Association to be held within 21 days after the date on which the Secretary received the notice.
(7)At a General Meeting of the Association convened under sub-clause (6):
(a)No business other than the question of the appeal shall be transacted:
(b)The Committee may place before the meeting details of the grounds for the resolution and the reasons for passing the resolution;
(c)The member shall be given the opportunity to be heard; and
(d)The members present shall vote by secret ballot on the question whether the resolution should be confirmed or revoked.
(8)If at the General Meeting:
(a)Two thirds of the members vote in person or by proxy in favour of the confirmation of the resolution, the resolution is confirmed.
(b)In any other case, the resolution is revoked.
RIGHTS OF CLASSES OF MEMBERS
10.(1)There are three classes of membership as provided in these Rules.
(2)Whereas these Rules provide for three classes of member, all members, regardless of their class of membership, shall be entitled to:-
(a)Attend meetings as provided for in Rules 19 and 21 of these Rules.
(b)Vote on any item of business conducted by the Association.
(c)Nominate any member for a position on the Committee of Management.
(d)Hold any office or position on the Committee of Management.
(e)Be considered as a member for purposes of deciding a quorum at any meeting of the Association.
COMMITTEE OF MANAGEMENT
11.(1)The affairs of the Association shall be managed by a Committee of Management
constituted as provided in Rule 12.
(2)The Committee:
(a)Shall control and manage the business and affairs of the Association.
(b)May, subject to these Rules, the regulations, and the Act exercise all such powers and functions as may be exercised by the Association other than the powers and functions that are required by these Rules to be exercised by General Meetings of the members of the Association.
(c)Subject to these Rules, the regulations and the Act, has power to perform all such acts and things as appear to the Committee to be essential for the proper management of the business and affairs of the Association.
12.(1)The officers of the Association shall be:
(a)A President;
(b)A Vice President;
(c)A Secretary;
(d)An Assistant Secretary;
(e)A Treasurer;
(f)A Delegate to the D.D.C.A;
(g)A Social Secretary.
(2)In addition to the officers above, two (2) ordinary members of the Committee may be appointed as the Committee sees fit.
(3)The provisions of Rule 20 are applicable in relation to the election of persons to any of the offices mentioned in Rule 12 sub-clause (1).
(4)Each officer of the Association shall hold office until the Annual General Meeting next after the date of his election but is eligiblefor re-election.
(5)In the event of a casual vacancy in any office referred to in sub-clause (1) theCommittee may appoint a member of the Association to the vacant officeand the member so appointed may continue in office up to and including the conclusion of the Annual General Meeting next following the date of their appointment.
13.(1)Subject to Section 23 of the Act, the Committee shall consist of :
(a)The officers of the Association; and
(b)An Umpires Adviser, who shall be appointed by the Committee after the Annual General Meeting. This appointment shall take place no later than 30th September in each year.
SECRETARY
14.The Secretary of the Association shall keep minutes of the resolutions and proceedings of each General Meeting and each Committee meeting in books provided for that purpose together with a record of the names of the persons present at Committee meetings.
TREASURER
15.(1)The Treasurer of the Association:
(a)Shall collect and receive all monies due to the Association and make all
payments authorised by the Association.
(b)Shall keep correct accounts and books showing the financial affairs of the Association with the full details of all receipts and expenditure connected with the activities of the Association.
(2)The accounts and books referred to in sub-clause (1) shall be available for inspection by members.
SOCIAL SECRETARY
16.The Social Secretary shall be responsible for organising all official social functions held by the Association. The Social Secretary shall be able to form a Social Committee to assist in the organisation of such functions as they see fit.
REMOVAL OF MEMBER OF COMMITTEE
17.(1)The Association in General Meeting may by resolution remove any member of the Committee before the expiration of their term of office and appoint another Member in their stead to hold office until the expiration of the term of the first-mentioned member.
(2)Where the member to whom a proposed resolution referred to in sub-clause (1) make representations in writing to the Secretary or President of the Association (not exceeding a reasonable length) and requests that they be notified to the members of the Association, the Secretary or the President may send a copy of the representations to each member of the Association or, if they are not sent, the member may require that they be read out at the meeting.
PECUNIARY INTEREST OF COMMITTEE MEMBER
18.Any member of the Committee who has any direct or indirect pecuniary interest in a contract, or proposed contract, with the Association shall comply with sections 29B and 29C of the Act.
ANNUAL GENERAL MEETING
19.(1)The Association shall, in each calendar year, convene an Annual General Meeting of its members.
(2)The Annual General meeting shall be held no later than the fourth Wednesday in May and shall commence at 7:30 p.m.
(3)The Secretary shall, at least 14 days before the date fixed for holding the Annual General Meeting of the Association, cause to be sent to each member of theAssociation at their address appearing in the Register of Members, a notice in writing stating the place, date and time of the meeting, and the nature ofbusiness to be transacted at the meeting.
(4)The ordinary business of the Annual General Meeting shall be:
(a)To confirm the minutes of the last preceding Annual General Meeting;
(b)To receive from the Committee reports upon the transactions of the Association during the last preceding financial year;
(c)To elect officers of the Association and the ordinary members of the Association in accordance with section 30(3) of the Act.
(5)The Annual General Meeting may transact business of which notice is given in accordance with these Rules.