Coffs Coast Derby Dolls Inc. Constitution
1 NAME OF ASSOCIATION
The name of the league association is Coffs Coast Derby Dolls Incorporated, and will be referred to as Coffs Coast Derby, or its abbreviation, CCD.
2 OBJECTIVES
The objectives of the Coffs Coast Derby Dolls are to:
2.1 Provide an avenue for learning, competing and teaching both current Women’s Flat Track Derby Association rules and regulations (WFTDA), as well as Men’s Roller Derby Association Rules and regulations, in Coffs Harbour;
2.2 Provide the Coffs Harbour region with a safe, close knit and skilled Roller Derby League;
2.3 Promote and advance roller derby as a legitimate sport in Coffs Harbour, and support the expansion of Roller Derby as a whole;
2.4 Encourage athleticism;
2.5 Agree to appearances and promotional events as deemed appropriate and agreed upon by the committee;
2.6 Operate as a non-profit organisation;
2.7 Abide by all association and criminal laws;
2.8 Promote good will, camaraderie, and teamwork.
The Association shall be empowered to do all things that are incidental to and necessary for the attainment of the objects of the Association.
3 POWERS OF THE COFFS COAST DERBY DOLLS.
As conferred by section 11 of the Act, the powers of the Coffs Coast Derby Dolls are to: 3.1 Acquire, hold, deal with, and dispose of any real or personal property;
3.2 Open and operate bank accounts;
3.3 Invest its money: 3.3.1 In any security in which trust monies may be lawfully invested; or 3.3.2 In any other manner authorised by the rules of the Coffs Coast Derby Dolls.
3.4 Borrow money upon such terms and conditions as the Coffs Coast Derby Dolls committee sees fit;
3.5 Give such security of the discharge of liabilities incurred by the Coffs Coast Derby Dolls as the Coffs Coast Derby Dolls sees fit;
3.6 Print and publish any information by any media (including newspapers, books, posters, or leaflets) for promotion of the Coffs Coast Derby Dolls with individual consent via the signing of a media release form;
3.7 Accept donations and gifts in accordance with the objectives of the Coffs Coast Derby Dolls;
3.8 Provide gifts and prizes in accordance with the objectives of the Coffs Coast Derby Dolls;
3.9 Organise social events for the promotion of the Coffs Coast Derby Dolls;
3.10 Enter into any other contract it considers necessary or desirable.
4 MEMBERSHIP
4.1 GENERAL MEMBERSHIP Membership shall be open to any person aged five years or more willing to abide by the constitution and code of conduct, medically insured, and who wishes to contribute to the success and promotion of the Coffs Coast Derby Dolls.
4.1 Each person admitted to membership shall be: 4.1.1.1 Bound by the constitution and code of conduct of the Coffs Coast Derby Dolls; 4.1.1.2 Liable for such fees and subscriptions as are fixed per season by the Coffs Coast Derby Dolls (fees may be subject to change upon a new season, but notice will be given); 4.1.1.3 Entitled to all advantages and privileges of membership; 4.1.1.4 Required to relevant skating insurance 4.1.1.5 Required to complete voluntary participation per quarter to maintain membership privileges. This includes, but is not limited to, fundraising andpromotional events and committee / sub-committee involvement; 4.1.1.6 Required to purchase all of the necessary safety equipment which includes a helmet, elbow pads, wrist guards, knee pads, and a mouth guard to participate 4.1.1.7 Required to purchase a pair of quad skates suitable for roller derby to participate;
4.1.2 Membership categories are defined as:
4.1.2.1 Full member that includes competitive skaters and referees. Associate member which includes officials and non-skating members.
4.1.2.2 Any person who is a financial member of the Coffs Coast Derby Dolls is entitled to enjoy the privileges of the Coffs Coast Derby Dolls.
5 LEAVE OF ABSENCE (LOA)
5.1 Personal Leave – Skaters on personal leave of absence are not required to pay dues;
5.2.1.2 Skaters requesting a leave of absence must write a letter to the committee stating the reason/s for taking a leave of absence. The committee will then determine the outcome of the skater’s membership. 5.2.2 Medical Condition – any member who needs to take a leave of absence for a medical condition will not be under threat of termination.
5.3 TERMINATION OF MEMBERSHIP
5.3.1 Membership of the Coffs Coast Derby Dolls may be terminated upon:
5.3.1.1 Resignation – such person remains liable to pay to the Coffs Coast Derby Dolls the amount of any membership subscription due and payable by that person to the Coffs Coast Derby Dolls but unpaid at the date of termination, and at the committee’s discretion. They will not be required to continue paying fees;
5.3.1.2 Non-payment by a member of their subscription within one quarter of the date of registration by the committee for subscriptions to be paid, unless the committee decides otherwise;
5.3.1.3 Refusal to complete voluntary participation per quarter, unless the committee decides otherwise;
5.3.1.4 Expulsion.
5.3.2 The committee shall have the power to suspend or expel any member or demote any committee member or office-bearer of the Coffs Coast Derby Dolls for: 5.3.2.1 Breach of any rule, regulation, or code of conduct of the Coffs Coast Derby Dolls; 5.3.2.2 Breach of criminal law, upon which relevant authorities will be notified; 5.3.2.3 Any act of detriment to the Coffs Coast Derby Dolls, after having undertaken due inquiry; 5.3.2.4 Misrepresentation of the league and the constitution. 5.3.3 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 the committee, and the decision of the committee shall be final.
5.4 THE PUBLIC OFFICER The position of public officer may be held by a committee member, or a member of the association. A public officer is, by virtue of that position, an authorized signatory for the association. The association’s committee can appoint additional authorized signatories. The public officer is the official point of contact for an incorporated association and must be a person aged eighteen years or more and ordinarily resident in New South Wales. The first public officer of an association is the person nominated as the public officer in the application for incorporation of the association. Thereafter the association’s committee must appoint the public officer. Any vacancy in the office of public officer must be filled by the committee within twenty-eight (28) days of the position becoming vacant. The newly appointed public officer must notify the Registry within twenty-eight (28) days of taking office of his or her appointment. Notification must be in the approved form (Notice of appointment of public officer and notice of change of association address Form A9 – NSW Department of Fair Trading) and will include the following details: his or her full name and date of birth, and address for service President of notices, being either the residential address or some other address at which the person can generally be found; confirmation that he or she is now the public officer. The public officer will vacate the position if he or she: dies; resigns the office in writing to the association’s committee; is removed from office by way of a resolution passed at a general meeting of the association becomes bankrupt; becomes a mentally incapacitated person; ceases to be a resident of New South Wales; or meets any circumstances as provided for in the association’s constitution. Further obligations of the public officer are outlined within the rules of the NSW Department of Fair Trading.
6 THE COMMITTEE
Following the laws of an Incorporated Association, the league must have at least six members, four of which make up the governing committee, and the rest which are general members unless otherwise appointed as specified in this section.
6.1 THE GOVERNING COMMITTEE
6.1.1 The affairs of the Coffs Coast Derby Dolls will be managed exclusively by a governing committee (the committee) consisting of:
6.1.1.1 President;
6.1.1.2 Vice President;
6.1.1.3 Treasurer; It is the duty of the Treasurer of the association to ensure:
6.1.1.3.1 that all money due to the association is collected and received, and that all payments authorised by the association are made; 6.1.1.3.2 that correct books and accounts are kept showing the financial affairs of the association, including full details of all receipts and expenditure connected with the activities of the association.
6.1.1.4 Secretary; It is the duty of the Secretary to keep minutes of:
6.1.1.4.1 all appointments of office-bearers and members of the association;
6.1.1.4.2 the names of members of the committee present at a committee meeting or a general meeting;
6.1.1.4.3 all proceedings at committee meetings and general meetings, including the annual general meeting. Minutes of proceedings at a meeting must be signed by the chairperson of the meeting or by the chairperson of the next succeeding meeting. 6.1.2 Committee members must be members of the Coffs Coast Derby Dolls, and must be elected to the committee at the Annual General Meeting via a league vote.
6.1.3 General members may be elected as sub-committee (also referred to as ordinary committee) and/or elected or assigned office-bearing positions; these are not considered as members of the governing committee.
6.1.4 Committee members must present committee reports which summarise the activities of the association during the last preceding financial year. The financial year or season of the association is:
6.1.4.1 the period of time commencing on the date of incorporation of the association and ending on the following 30th June (the end of the financial year); and 6.1.4.2 each period of twelve months after the expiration of the previous financial year of the association, commencing on 1st July and ending on the following 30th June.
6.1.5 If the President or Vice President is unable to attend a committee meeting, then a chairperson nominated by the committee members present shall chair that meeting. 6.1.6 A member of the committee may lose his or her seat on the committee for: 6.1.6.1 absence from three or more meetings without leave of absence; 6.1.6.2 failing to adhere to the league’s constitution or codes of conduct; 6.1.6.3 election of new committee members.
6.1.7 Election of committee members: 6.1.7.1 Committee positions may be nominated by association members, must be signed by the nominating member and presented in writing to the current committee at least seven (7) days before the date fixed for the holding of the Annual General Meeting at which the election is to take place; 6.1.7.2 If insufficient nominations are received at the Annual General Meeting, the current committee shall remain; 6.1.7.3 The election of office-bearers and sub-committee members of the committee is to be conducted at the Annual General Meeting in such usual and proper manner as the committee may direct. 6.1.7.4 A person nominated as a candidate for election as an office-bearer or sub-committee member of the association must be a member of the association.
6.2 DELEGATION BY COMMITTEE
6.2.1 The committee may, by instrument in writing, delegate to one or more subcommittees (consisting of such member/s of the association as the committee thinks fit) the exercise of such of the functions of the committee as are specified in the instrument, other than: 6.2.1.1 this power of delegation; 6.2.1.2 a function which is a duty imposed on the committee by the Act or by any other law.
6.2.2 A function the exercise of which has been delegated to a sub-committee under this clause may, while the delegation remains unrevoked, be exercised at any relevant time by the sub-committee in accordance with the terms of the delegation.
6.2.3 A delegation under this clause may be made subject to such conditions or limitations as to the exercise of any function, or as to time or circumstances, as may be specified in the instrument of delegation.
6.2.4 Despite any delegation under this clause, the committee may continue to exercise any function delegated.
6.2.5 Any act or thing done or suffered by a sub-committee acting in the exercise of a delegation under this clause has the same force and effect as it would have if it had been done or suffered by the committee.
6.2.6 The committee may, by instrument in writing, revoke wholly or in part any delegation under this clause.
6.2.7 A sub-committee may meet and adjourn as it thinks proper.
6.3 CASUAL VACANCIES
6.3.1 In the event of a casual vacancy occurring in the membership of the committee, the committee may appoint a member of the association 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.
6.3.2 A casual vacancy in the office of a member of the committee occurs if the member: 6.3.2.1 Dies; 6.3.2.2 Ceases to be a member of the association; 6.3.2.3 Becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; 6.3.2.4 resigns office by notice in writing given to the Secretary; 6.3.2.5 is removed from office under clause 19; 6.3.2.6 becomes a mentally incapacitated person; 6.3.2.7 is absent without the consent of the committee from three consecutive meetings of the committee, or is convicted of an offence involving fraud or dishonesty for which the maximum penalty on conviction is imprisonment for not less than three months; 6.3.2.8 is prohibited from being a director of a company under Part 2D.6 (Disqualification from managing corporations) of the Corporations Act 2001 of the Commonwealth.
6.4 COMMITTEE MEETINGS
6.4.1 The committee must meet at least three times in each period of twelve months at such place and time as the committee may determine.
6.4.2 Additional meetings of the committee may be convened by the President or by any member of the committee.
6.4.3 Oral or written notice of a meeting of the committee must be given by the Secretary to each member of the committee at least forty-eight hours (or such other period as may be unanimously agreed on by the members of the committee) before the time appointed for the holding of the meeting.
6.4.4 Notice of a committee meeting must specify the general nature of the business to be transacted at the meeting and no business other than that business is to be transacted at the meeting, except business which the committee members present at the meeting unanimously agree to treat as urgent business.
4.5 No business is to be transacted by the committee unless a quorum of four members of the governing committee are present or present by proxy, otherwise the meeting is to stand adjourned to the same place and at the same hour of the same day in the following week.
6.4.6 If at the adjourned meeting the committee members are not present within half an hour of the time appointed for the meeting, the meeting is to be dissolved.
6.4.7 At a meeting of the committee: 6.4.7.1 the President or, in the President’s absence, the Vice President is to preside; 6.4.7.2 if the President and the Vice President are absent or unwilling to act, the committee members present may elect one of their number to preside as chairperson at the meeting.
7 GENERAL MEETINGS
7.1 General meetings may be called by the committee or at the request of the President and Vice President, or on the verbal and/or written request of two members of the Coffs Coast Derby Dolls.
7.2 All financially met members of the team shall have proper notice of the date of the meeting. Notice of the meeting shall set out clearly the business for which the meeting has been called.
7.3 The President or, in the President’s absence, the Vice President, is to preside as chairperson at each general meeting of the association.
7.4 If the President and the Vice President are absent or unwilling to act, the members present must elect one of their number to preside as chairperson at the meeting.
7.5 ANNUAL GENERAL MEETING
7.5.1 An Annual General Meeting must be held within six months after the end of the league’s financial season. All financially met members of the team shall have proper notice of the date of the Annual General Meeting. Notice of the meeting shall set out clearly the business for which the meeting has been called.
7.5.2 In addition to any other business which may be transacted at an Annual General Meeting, the business of an Annual General Meeting is to include the following: 7.5.2.1 to confirm the minutes of the last preceding Annual General Meeting and of any special general meeting held since that meeting; 7.5.2.2 to receive from the committee reports on the activities of the association during the last preceding financial year; 7.5.2.3 to elect office-bearers of the association and ordinary committee members; 7.5.2.4 to receive and consider any financial statement or report required to be submitted to members under the Act.
7.6 VOTING
7.6.1 Voting powers at committee meetings are as follows: 7.6.1.1 Each committee member has a deliberative vote; 7.6.1.2 A question arising at a committee meeting must be decided by a majority of votes. If there is no majority the member presiding over the meeting shall declare a re-vote; 7.6.1.3 If after a re-vote there is still no majority, the matter shall be postponed until, and voted on at, the next general meeting, and decided by a majority vote. 7.6.1.4 Committee ideas and proposals need to be presented to the league at a general meeting for a majority vote.
7.6.2 Voting powers at general meetings are as follows: 7.6.2.1 Subject to these rules, each member present in person or by proxy at a general meeting is entitled to a deliberative vote; 7.6.2.2 With the exception of item 7.6.2.3, a majority (51%) vote is required to pass a resolution; 7.6.2.3 A majority of at least 75% (of members present in person or by proxy at the general meeting) is required to pass special resolutions, that is: 7.6.2.3.1 a vote to amend the constitution, or change the Coffs Coast Derby Dolls name or objectives. 7.6.2.4 If there is no majority the member presiding over the meeting shall declare a re-vote; 7.6.2.5 If after a re-vote there is still no majority, the matter shall be postponed until, and voted on at, the next general meeting by a majority vote.
7.6.3 A member (the ‘appointing member’) may appoint in writing another member to be the proxy to attend and vote on behalf of the appointing member at a general meeting.
7.6.4 The written appointment of proxy must be submitted to the President or Vice President prior to the general meeting and within the time specified on the notice of the meeting.
7.6.5 A member may only hold one proxy vote at any particular meeting.
7.7 MAKING OF DECISIONS
7.7.1 A question arising at a general meeting of the association is to be determined by either: 7.7.1.1 a show of hands; or 7.7.1.2 a written ballot, if on the motion of the chairperson or if five or more members present at the meeting decide that the question should be determined by a written ballot. 7.7.2 If the question is to be determined by a show of hands, a declaration by the chairperson that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, or an entry to that effect in the minute book of the association, is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution. 7.7.3 If the question is to be determined by a written ballot, the ballot is to be conducted in accordance with the directions of the chairperson.
8 FINANCE
8.1 All funds of the Coffs Coast Derby Dolls shall be deposited in the Coffs Coast Derby Dolls’ account at Banana Coast Credit Union, by the Treasurer. 8.2 The association must, as soon as practicable after receiving any money, issue an appropriate receipt. 8.3 A statement of income expenditure, assets, and liabilities shall be submitted at the Annual General Meeting, where financial issues may occur. 8.4 Fund-raising events will be held by the Coffs Coast Derby Dolls to cover expenses and help promote the league and sport in general. 8.5 The property and income of the Coffs Coast Derby Dolls shall be applied solely towards the promotion of the objectives of the Coffs Coast Derby Dolls. No part of that property or income may be paid or otherwise distributed, directly or indirectly, to members, except in good faith in the promotion of the objectives. 8.6 All excess/remaining/unspent funds will be deposited and kept in the Coffs Coast Derby Dolls league bank account for future needs and expenses, except those funds which are decided on by the committee to promote the objectives of the Coffs Coast Derby Dolls. 8.7 Two members of the Coffs Coast Derby Dolls committee, including the Treasurer, must act as signatories when:
8.7.1 making any funds withdrawal (via cheque, withdrawal slip, etc.) from the league bank account; 8.7.2 internal changes to the league bank account’s funds. 8.8 The Coffs Coast Derby Dolls budget and financial distribution plan will be available for all members to view. To view the documents, the member must organise a meeting with two or more members of the committee.
9 BEHAVIOUR AND ANTI-HARASSMENT
Coffs Coast Derby Dolls requires that all members treat others with respect and tolerance, and will not tolerate harassment, bullying, or discrimination. Any harassment, bullying, or discrimination is undertaken at the risk of being suspended from the league or membership termination. All Coffs Coast Derby Dolls members (both skaters and officials) are entitled to be treated fairly in an environment free from bullying, harassment and discrimination. All members (both skaters and officials) have a general responsibility to model and maintain acceptable standards of conduct and promote a harassment-free environment, which appreciates individual rights and responsibilities. Under federal and state legislation it is against the law to discriminate or harass on the following grounds: Gender Sexual orientation Religion/belief Age Race (which includes colour, nationality, ethnic or national origin) Physical/intellectual impairment Marital or family status Work-role or status Psychiatric/physical/intellectual disability Pregnancy
10 DISPUTES AND MEDIATION
10.1 The grievance procedure set out in the item applies to disputes under this constitution between: 10.1.1 A member and another member; 10.1.2 A member and a member of the Coffs Coast Derby Dolls committee; 10.1.3 Those non-members who receive service from the Coffs Coast Derby Dolls.
10.2 The parties to the dispute must meet and discuss the matter in dispute, and if possible, resolve the dispute within fourteen (14) days after the dispute comes to the attention of all parties.
10.3 If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days, hold a meeting in the presence of the mediator or grievance officer.
10.4 The mediator or grievance officer must be: 10.4.1 A person chosen by agreement between the two parties; or 10.4.2 In the absence of agreement: 10.4.2.1 In the case of a dispute between a member and another member, a person appointed by the committee of the Coffs Coast Derby Dolls: 10.4.2.2 In the case of a dispute between a member or relevant non-member and the Coffs Coast Derby Dolls, a person who is mediator appointed to or employed with a not-for-profit organisation.
10.5 The mediator cannot be a member who is party to the dispute.
10.6 The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
10.7 The mediator, in conducting the mediation, must: 10.7.1 Give the parties to the mediation process every opportunity to be heard; 10.7.2 Allow due consideration by all parties of any written statement submitted by any part; 10.7.3 Ensure that natural justice is accorded to the parties to the dispute throughout the mediation process. 10.8 The mediator must not determine the dispute. 10.9 The mediation must be confidential and without prejudice. 10.10 If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise via criminal law.
11 SAFETY RULES.
11.1 All members of the Coffs Coast Derby Dolls acknowledge the safety rules and regulations at all events inclusive of: bouts, training, fitness sessions, fundraising and other related events.
11.2 All members of the Coffs Coast Derby Dolls acknowledge the OH&S policy provided by the committee.
11.3 Persons, upon signing the indemnity form, shall not hold the league or any venue responsible for any injury or damage while participating in league activities or events.
12 AMENDMENTS AND REVISIONS
12.1 All documents, including the constitution, the codes of conduct, and all forms and documents relating to the league, are subject to change at the will of the Coffs Coast Derby Dolls. All members will be notified of these changes.
12.2 Skaters may present a written request to add, remove, or change any of these documents. The committee will then organise a general meeting and/or committee meeting (whichever is found applicable by the committee), to vote on the change/s the skater has proposed.
12.3 An application to the Director-General of the Department of Fair Trading for registration of a change in the association’s name, objects, or constitution in accordance with section 10 of the Act is to be made by the public officer or a committee member