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NEW SOUTH WALES
ASSOCIATIONS INCORPORATIONS Act, 2009.
OBJECTS AND RULES (the CONSTITUTION)
OF
SOUTHERN DISTRICTS SOCCER REFEREES INCORPORATED
ADOPTED NOVEMBER 27 th., 2011.
(AFFILIATED TO FOOTBALL NSW LTD.) CONTENTS
OBJECTS. 4
PART 1. – PRELIMINARY.
1. NAME. 5 2. INTERPRETATION. 5
PART 2. – MEMBERSHIP.
3. MEMBERSHIP QUALIFICATIONS. 6 4. CESSATION OF MEMBERSHIP. 7 5. MEMBERSHIP ENTITLEMENTS NOT TRANSFERABLE. 7 6. RESIGNATION OF MEMBERSHIP. 7 7. REGISTER OF MEMBERS. 7 8. MEMBERS’ OBLIGATIONS. 8 9. ANNUAL AFFILIATION FEES. 8 10. MEMBERS’ LIABILITIES. 8 11. LIFE MEMBERS. 8 12 DISCIPLINING. 9 13 RIGHT OF APPEAL OF MEMBER OR OFFICIAL. 10 14. JURISDICTION. 10
PART 3. – THE COMMITTEE AND OFFICIALS.
15. COMMITTEES AND OFFICIALS. 11 16. THE FUNCTIONS OF COMMITTEES. 11 17. VOTING AND DECISIONS OF COMMITTEES. 12 18. DUTIES AND FUNCTIONS OF OFFICIALS. 13 19. TERMS OF OFFICE. 15 20. ELECTIONS OF OFFICIALS. 15 21. CASUAL VACANCIES. 16 22. REMOVAL OF AN OFFICIAL. 16
PART 4. – GENERAL MEETINGS.
23. ANNUAL GENERAL MEETING - HOLDING OF. 17 24. ANNUAL GENERAL MEETING – CALLING OF AND BUSINESS AT. 17 25. SPECIAL GENERAL MEETINGS – CALLING OF. 18 26. GENERAL MEETINGS. 18 27. DELEGATION BY MANAGEMENT COMMITTEE TO SUB-COMMITTEE. 19 28. NOTICE. 19 29. PROCEDURE. 20 30. PRESIDING MEMBER. 20 31 ADJOURNMENT. 20 32. MAKING OF DECISIONS. 21 33. SPECIAL RESOLUTION. 21 34. VOTING. 21 PART 5. – MISCELLANEOUS.
35. INSURANCE. 22 36. FUNDS – SOURCE. 22 37 FUNDS MANAGEMENTS. 22 38. AUDITOR. 22 39. ALTERATIONS OF OBJECTS AND RULES. 22 40. COMMON SEAL. 23 41. CUSTODY OF BOOKS, ETC. 23 42. INSPECTION OF BOOKS, ETC. 23 43. SERVICE OF NOTICES. 23 44. SURPLUS PROPERTY. 23 45. REIMBURSEMENT OF EXPENSES AND HONORARIUMS. 23 46. CONDUCT OF MEETINGS. 24
OBJECTS AND RULES OF
SOUTHERN DISTRICTS SOCCER REFEREES INCORPORATED.
ADOPTED ON THE 27 th. DAY OF NOVEMBER 2011.
NEW SOUTH WALES
ASSOCIATIONS INCORPORATIONS Act, 2009.
OBJECTS OF
SOUTHERN DISTRICTS SOCCER REFEREES INCORPORATED.
OBJECTS:
(a) To improve the status of Referees.
(b) To improve the quality of refereeing by assisting Members in their educational work in maintaining a high standard and the re-grading of Members.
(c) To promote a closer relationship between Referees and Soccer football Associations and kindred organizations and to make such representations to the aforementioned bodies, as may be deemed necessary, for the good of the game and the benefits of referees and refereeing.
(d) To adopt the Laws of the Game as promulgated by F.I.F.A. and / or the National Football Association.
(e) To assist or take action, as deemed necessary, for and on behalf of any Member unfairly or unjustly treated.
(f) To ensure the uniformity of interpretations of the Laws of the Game, standardisation of officiating at matches, referees grading and match dress.
(g) To seek and maintain affiliations to those organizations as determined by this Branch as appropriate.
(h) To do all such other things as are incident or conductive to attainment of the Objects of the Branch.
NEW SOUTH WALES
ASSOCIATIONS INCORPORATIONS Act, 2009.
RULES OF
SOUTHERN DISTRICTS SOCCER REFEREES INCORPORATED.
PART 1.
PRELIMINARY.
This body shall be called “Southern Districts Soccer Referees Incorporated”, and shall be referred to throughout these Rules and By-Laws as “this / the Branch”.
In these Rules, except in so far as the context or subject matter otherwise indicates or requires:- (a) “Member” means a Person qualified and admitted to membership of this Branch under these Rules.
(b) “Secretary” means the person holding office under these Rules as Secretary and Public Officer of this Branch.
(c) “General Meeting” means a General Meeting, Special General Meeting, Annual General Meeting of this Branch.
(d) “The Act” means the Associations Incorporations Act, 1984.
(e) “The Regulation” means the Associations Incorporations Regulations, 1985. (f) “NSWSLR.” means the New South Wales State League Referees”
(g) “N.S.W.S.R. Inc.” means the New South Wales Soccer Referees Incorporated.
(h) “F.I.F.A.” means the Federation Internationale De Football Association.
(i) “F.F.A.” means Football Federation Australia.
(j) “F N S W ” means Football New South Wales.
(k) F N S W – R A G” means Football New South Wales Referees Administration Group.
(l) “Southern Districts” means Southern Districts Soccer Football Association Incorporated.
(m) “Executive Committee” means the Committee of this Branch constituted under Rule 15.
(n) “Official” means a person holding office under Rule 15.
(o) “Delegate” means a person elected by the Branch to represent them at any meeting for which they were elected.
(p) “Poll” means secret voting.
(q) In these rules:- A reference to a function includes a reference to a power, authority and duty; and a reference to the exercise of a function includes, where a function is a duty, a reference to the performance of the duty.
(r) The provisions of the Interpretations Act 1987, apply to and in respect of these Rules in the same manner as those provisions would apply if these Rules were an instrument made under the Act.
Words importing the singular or plural number or the masculine or feminine gender shall where the context permits, include the plural or singular number or the feminine or masculine genders as the case may be.
PART 2
MEMBERSHIP.
3. MEMBERSHIP QUALIFICATIONS / APPILCATIONS
3.1 QUALIFICATION. (a) A natural person is qualified to be a member of this Branch if: (i) The person is a person referred to in the “Act” and has not ceased to be a member of the Branch at any time after incorporation under the “Act”. (ii) Is a qualified referee or who has previous refereeing experience with a recognised referees organization. (iii) Qualified referees shall hold a referees certificate as issued by the F.F.A., F.N.S.W and N.S.W.S.R. Inc. / A.S.R.F or their successors, the equivalent organization in other states of Australia or an overseas referees organization or be eligible for the issue of such certificate. (iv) In the case of overseas qualifications, a certified translation in English must be supplied by the applicant. (v) An applicant who was previously a qualified referee, may be required to sit for an approved Theory Examination or attend a refresher course in accordance with the requirements of the F.F.A. and / or the current Grading Schedule. (vi) A person desirous of becoming a qualified member of the Branch and who has no previous refereeing experience, shall attend a coaching course on the Laws of the Game and successfully pass the relevant Theory Examination OR in the case of a “Cadet” referee, the Theory Examination as set by the Branch, before completing the Application for Membership.
(b) The person has: (j) Applied for membership as provided by Clause 3.2; and (ii) Been approved for membership of the Branch as provided by Clause 3.2; and (iii) Paid the sum payable under theses rules by a member as an Annual Affiliation Fee; or (iv) the person is a duly elected Life Member.
3.2 APPLICATION. (i) Persons desirous of seeking admission as a member or renewing their membership of the previous year shall complete an Application for Membership Form. (ii) An applicant who is / was a member of another referees organization shall present a Clearance from that organization along with their application form. (iii) The Secretary shall refer the Application for Membership to the Management Committee for their determination. (iv) Upon being accepted as a member, the applicant shall pay to the Secretary within 14 Days, the required sum payable under these Rules by a member as an Annual Affiliation Fee. (v) The Secretary, on payment applicant of the amount referred to in sub-clause (iv) above, shall enter the applicants name in the register of members and upon being entered, the applicant becomes a Member of the Branch.
4.CESSATION OF MEMBERSHIP.
A Member ceases to be a member of this Branch if that Member:- (a) Resigns that Membership, or (b) Is expelled from this Branch, or (c) Fails to pay their Affiliation Fee by March 31st of each year.
5. MEMBERSHIP ENTITLEMENTS NOT TRANSFERABLE.
A right, privilege or obligation which a Member or Official has by reason of being a member of this Branch:- (a) Is not capable of being transferred or transmitted to another Member or Official, and (b)Terminates upon cessation of membership of the Member or Official.
6.RESIGNATION OF MEMBERSHIP.
(a) A member of this Branch is not entitled to resign that Membership except in accordance with this Rule.
(b) A Member of this Branch who has paid all games dues and any fines payable by them to this Branch may resign from Membership of this Branch by giving notice in writing to the Secretary of the Branch. Upon receiving a clearance from the Secretary of the Branch, the Member ceases to hold Membership.
7. REGISTER OF MEMBERS.
(a) The Secretary shall keep a Register of Members affiliated with the Branch together with their Address, Date of Birth, Date of Theory Exam and Field Tests and Class of Certificates held.
(b) The Register of Members shall be kept by the Secretary of this Branch and shall be open to inspection, by the members at any time mutually agreed between the Secretary and the Member.
(c) The Secretary shall maintain a register of suspended members and keep Football N.S.W. advised of such suspensions.
8. MEMBER OBLIGATIONS.
(a) This Branch shall recognise the suspensions of Members of other Branches as advised by Football N S W or their Administration Group
(b) Members of this Branch shall not officiate in another Branch’s domestic games without the approval of the other Branch concerned; or
(c) Have been appointed to games by the Appointments Board of this Branch.
(d) Members who are registered players/coaches/managers or officials of a club or association and who are registered with a Football Body as such and who are subsequently suspended by that body, may have that suspension recognised by this Branch.
(e) This Branch shall recognise Life Members of other Branches, N.S.W.S.R. Inc. and the Football NSW Referees Administration Group
(f) Each Member of this Branch shall be bound by the Rules of the Branch and any By-Laws, which are and maybe in-force from time to time.
9. ANNUAL AFFILIATION FEES.
The membership year of the Branch shall be April 1 of one year to March 31 of the following year: and
(a) Each member shall pay an Annual Affiliation Fee, which shall be determined at each Annual General Meeting. This fee shall be due and payable by the 1st of April each year or paid on application to become a Member of this Branch. (b) All membership of the Branch ceases on March 31 of each year.
10. MEMBER LIABILITIES.
The liability of a Member of this Branch to contribute towards the payment of debts and liabilities of this Branch is limited to the amount, if any, unpaid by the Member in respect of Membership of this Branch as required by Rule 9 and any outstanding games dues and levies.
11. LIFE MEMBERSHIP.
(a) This Branch may elect one only Life Member, per season.
(b) Life Members shall only be considered after a minimum of ten (10) years meritorious service to this Branch and / or to the Unincorporated Body.
(c) than the 31st of August. On receipt of a nomination the Executive Committee shall investigate and make recommendations to the next general meeting and the Executive Committee reserves the right to withhold the naming of the successful recipient until a date off their choice, which must be within the year that it was awarded.
(d) A Life Member shall be entitled to all rights and privileges of the Branch.
(e) Elected Life Members of the Unincorporated Body shall be deemed to be Life Members of the Incorporated Body
(f) A Life Member of the Branch, may be stripped of their Life Membership for conduct prejudicial to the good name and reputation of the Branch, on a recommendation by the Management Committee to the members at any scheduled meeting of the Branch, by a simple majority of the members present and entitled to vote.
12. DISCIPLINING.
(a) This Branch shall be empowered to take any action against any Member or Official of the Branch in accordance with this rule.
(b) Where the Executive Committee is of the opinion that a Member or Official:- (i)Has refused or neglected to comply with a provision of these Rules; or (ii) Has wilfully acted in a manner prejudicial to the interest of this Branch or refereeing in general; or (iii) Has refused or neglected to comply with a provision of the By-Laws.
The Executive Committee may, by resolution:- ( c) Cause a notice in writing to be served on a member or Official:- (i) Setting out the resolution of the Executive Committee and the grounds on which it is based. (ii) Stating that the Member or Official may address the Executive Committee at a meeting to be held and must give the member at least 14 days from the time the notice is served. (iii) Stating the date, place and time of that meeting; and (iv) Informing the Member or Official that they may do either or all of the following:- (a) Attend and speak at that meeting. (b) Submit to the Executive Committee at or prior to the date of that meeting written representations relating to the resolution
(d) At a meeting of the Executive Committee held as referred to in clause ( c) , the Executive Committee shall:- (i) Give to the Member or Official an opportunity to make oral representations; (ii) Give due consideration to any written representations submitted by the member or Official; (iii) Give due consideration to any oral representation from any person with an interest in the matter.
(e) The Executive Committee may by Resolution:- (k) Refer the matter to the Management Committee of the Branch for their determination; or (ii) Suspend the Member or Official for a specified period: or (iii) Impose a fine or censure the Member or Official; or (iv) Expel the Member or Official from this Branch; or (v) Make such other directives as deemed necessary in the matter before it.
(f) A resolution made under clause (e) does not take effect:- (i) Until the expiration of the period within which the Member or Official is entitled to appeal against the resolution, where the Member or Official does not exercise the right of appeal, within that period; or (ii) Where within that period the Member or Official exercises the right of appeal, unless and until the resolution is confirmed by the Appeals Committee.
13. RIGHT OF APPEAL OF MEMBER OR OFFICIAL.
(a) A Member or Official may appeal to the Appeals Committee of the Branch against a resolution of the Executive Committee within 7 days after the resolution was passed by the Executive Committee, by lodging with the Secretary a notice to that effect. (i) The notice may, but need not, be accompanied by a statement of the grounds on which the member intends to rely for the purposes of the appeal. (ii) Legal representation shall only be permitted at any hearing of the Executive Committee or Appeals Committee upon the lodgement of a fee in accordance with the By-Laws.
(b) Upon the receipt of a notice, from a Member or Official under clause (a), the Secretary shall notify the Appeals Committee, which shall meet within 28 days after the date on which the Secretary received the notice.
( c) At an Appeals Committee Meeting of this Branch convened under clause (b);- (i) No business other than the question of the Appeal shall be transacted, and (ii) The Executive Committee, Member or Official shall be given the opportunity to state their respective cases orally or in writing, or both: and (iii) The appeals Committee shall vote on the question of wether the Resolution should be confirmed, revoked or varied.
(d) The Appeals Committee shall cause a letter of their decision to be sent to the Member or Official within 7 days of their meeting.
(e) A Member or Official that has had a Resolution of the Executive Committee confirmed or varied by the Appeals Committee, may appeal to the Football NSW Referees Administration Group.
14. JURISDICTION.
The Jurisdiction of the Branch shall cover all Branch Officers, Officials, Members of sub – committees and all Members of the Branch.
PART 3.
THE COMMITTEES AND OFFICIALS.
15. COMMITTEES AND OFFICIALS.
(a) Committees of this Branch shall comprise:- (i) Executive:- President Secretary Treasurer (ii) Management:- President Senior Vice President Junior Vice President Secretary Assistant Secretary Treasurer Examination Board Chairperson Appointments Board Chairperson Assistant Appointments Officer (iii) Appeal:- Senior Vice President Plus 4 members over 18 years of age, not being members of the Management Committee. (iv) Examination Board:- Chairperson Appointments Board Chairperson Members appointed by Chairperson (v) Appointments Board:- Chairperson Examination Board Chairperson Assistant Appointments Officer Members appointed by Chairperson.
(b) Officials of this Branch shall comprise:- (i) Those persons mentioned in Rule 15 (a) that are members of Committees; and (ii) The following persons:- Examination Lecturers Inspectors Delegates of this Branch as required Equipment Officer Publicity Officer
16. THE FUNCTIONS OF COMMITTEES.
The functions of Committee/s shall be:- (a) The Executive Committee of this Branch, subject to the Act, the Regulation and these Rules and to any resolution passed by this Branch at any general meeting:- (i) Shall control and manage the affairs of this Branch;
(ii) May exercise all such functions as may be exercised by this Branch other than those functions that are required by these Rules to be exercised by the Appeals Committee or by a general meeting of Members of this Branch; and (iii) has power to perform all such acts and do all such things as appear to the Executive Committee to be deemed necessary or desirable for the proper management of the affairs of this Branch; (iv) Shall report their actions to the next General Meeting.
(b) The Management Committee shall meet at least 3 times in each period of 12 months with a quorum of five (5) required to hold a meeting. The Secretary may call a meeting by giving at least 48 hours notice or such other time as may be unanimously agreed upon before the time appointed for the holding of the meeting; they shall (i) Attend to any matters as directed by the members; (ii) Consider matters that are of general concern to this Branch and Members; (iii) Shall report their actions to the next General Meeting; (iv) Shall meet at least monthly for the period February to November inclusive.
( c) The Appeals Committee shall hear any appeal referred to it in accordance with Rule 13; and (i) The Senor Vice President shall chair the Committee and will be responsible to implement procedures as per Rule 13. (ii) When the Senior Vice President is unavailable to chair the committee, the Junior Vice President shall take the Chair, and will be responsible to implement procedures as per Rule 13. (iii) No Appeals Committee member connected in any way with the origin of the appeal shall be eligible to sit on the appeal. (iv) A quorum shall consist of three (3) members. Comprising of the Chairperson and two (2) of the four (4) other Committee Members. (v) In the event that a Quorum cannot be achieved from the Members of the Committee, the Executive Committee shall appoint Branch Members over 18 years of age excluding the Management Committee Members to make such a quorum.
(d) The Examination Board shall be under the control of the Chairperson; and (i) Shall be responsible as required for the control and co-ordination of all matters pertaining to the education, advancement and re-grading of all Members associated directly with refereeing; (ii) Shall report their actions to the next General Meeting.
(e) The Appointments Board shall be under the control of the Chairperson; and (i) Shall appoint referees and assistant referees (Subject to availability of members) to fixtures as per the draw provided by Southern Districts; and (ii) Appoint referees and assistant referees to fixtures run by Football NSW ; and (iii) Keep a record of all appointments and provide a copy of same to the Treasurer of the Branch.
(f) Committee members and office bearers must disclose any potential conflict of interest and they must not use their position or information for any personnel gain.
17. VOTING AND DECISIONS OF COMMITTEES.
(a) Questions arising at a meeting of any Committee or of any sub-committee appointed by the Management Committee shall be determined by a majority vote of members of the Committee present at the meeting.
(b) Each member present at a meeting of any Committee or of any sub-committee (including the person presiding at the meeting) is entitled to one vote, but, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.
(c) Any committee may act notwithstanding any vacancy on that committee.
(d) Any act or thing done or suffered, or purporting to have been done or suffered, by any Committee or any sub-committee appointed by the Management Committee, is valid and effective not withstanding any defect that may afterwards be discovered in appointment or qualification of any member of any Committee or sub-committee.
18. DUTIES AND FUNCTIONS OF OFFICIALS.
(a) The President shall be Chairperson at all meetings they attend, except the Appeals Committee, Examination Board and Appointments Board, and shall conduct such meetings in accordance with the Rules of this Branch; and (i) They shall have the right to exercise their vote as a member and shall have a casting vote. (ii) The President shall exercise a watching brief over the whole administration of this Branch and shall be responsible for the good order and discipline of this Branch.
(b) The Senior Vice President shall assist the President in their duties and shall act in their absence; and (i)They shall act as Chairperson of the Appeals Committee subject to Rule 16 ( c) (ii).
( c) The Junior Vice President in the absence of the President and/or the Senior Vice President shall act in their place at any meeting he attends.
(d) The duties of the Secretary shall be to administer the affairs of this Branch, as directed by the Executive Committee, Management Committee or Members, and as the Rules direct. (i) To execute such other duties as may come within the province of the Secretary. (ii) The Secretary shall sign and receive all correspondence and generally advance details of all written matters dealt with by the Executive Committee and Management Committee and report on any other matters dealt with by these Committees. (iii) Shall act as Public Officer of the Branch. (iv) Shall be an ex-officio member of all committees with no power to vote except where otherwise stated in these Rules.
(e) The Assistant Secretary shall assist the Secretary in their duties and shall act in their absence; and (i) Keep a true minute of all general meetings and committee meetings. (ii) Minutes of proceedings at a meeting shall be signed by the Chairperson of the meeting or by the chairman of the next succeeding meeting.
(f) It is the duty of the Treasurer of this Branch to ensure that:- (i) All monies due to this Branch is collected and received and that all payments authorized by this Branch are made; and (ii) Correct books and accounts are kept showing the financial affairs of this Branch including full details of all receipts and expenditure connected with the activities of this Branch. (iii) They shall present reports at each General Meeting. (iv) They shall cause the preparation of a Financial Statement covering the financial year to the 30th September, for audit and submission to the Annual General Meeting.
(g) The Examination Board Chairperson shall be responsible for the arrangement of instructional courses as required and the co-ordination of all matters pertaining to the advancement and re-grading of all Members associated with refereeing; and shall:- (i) Hold a minimum Grade of N.S.W.S.R. Inc./ Football NSW Class 2 Theory with 2 years experience as a Class 2 Theory or higher. (ii) Be responsible to co-ordinate inspectors/examiners for field assessment of Members. (iii) Provide field assessments of members to the Appointments Board, which is necessary for that Board to fulfil their obligations under these Rules. (iv) Be a member of the Appointments Board.
(h) The Appointments Board Chairperson shall be responsible for the appointment of Members to fixtures; and shall:- (i) Be a senior member with at least two years experience in refereeing. (ii) Provide that detail to the Treasurer necessary for him to fulfil his obligations under these Rules. (iii) Be a member of the Examination Board. (iv) The Assistant Appointments Officer shall assist the Appointments Board Chairperson by appointing Cadet Level members to fixtures and shall report all appointments to the Chairperson on a weekly basis.
(i) (i) The Equipment Officer will attend to the purchase of equipment and materials required by the Branch for its Members; and shall: (i) Pay to the Treasurer all monies received from the sale of such equipment. (ii) Keep a proper record of all Equipment and Materials purchased and sold. (iii) Provide at the end of the Financial Year an itemised list showing the value of stock on hand.
(j) The Publicity Officer shall publicise the activities of the Branch so as to gain maximum advantage for the Branch. He shall also be responsible for the control, management and updating of the Branch website.
(k) Branch Delegates shall represent this Branch and attend such meetings of organizations to which they have been appointed; and (i) They shall keep the Secretary informed (in writing) on all matters pertaining to this Branch that might be raised by the organization to which they are a delegate. (ii) They shall make regular reports to the General Meetings of this Branch.
(l) Inspectors / Examiners shall carry out assessments of referees as directed by the Examination Board Chairperson / Branch Coach and shall provide the appropriate reports.
19. TERMS OF OFFICE.
(a) The following members of the Management Committee shall be elected for a two (2) year term:- (i) The President, Treasurer and Examination Board Chairperson in any year ending in an odd figure, i.e. 1993, 1995. (ii) The Secretary, Senior Vice President and Junior Vice President and the Appointments Board Chairperson in any year ending in an even figure, i.e. 1990, 1992.
(b) All other Officials shall be elected annually with the exception of:- (i) The Assistant Secretary, who shall be appointed by the Secretary. (ii) The Assistant Appointments Officer, who shall be appointed by the Appointments Board Chairperson. (iii) Members of the Examination Board, who shall be appointed by the Chairperson with the exception of the Chairperson of the Appointments Board. (iv) Members of the Appointments Board, who shall be appointed by the Chairperson with the exception of the Chairperson of the Examination Board.
( c ) Each Official shall be subject to these Rules, hold office until the conclusion of the Annual General Meeting applicable to the date of that Official’s election, but is eligible for re-election.
(d) In the event of a casual vacancy occurring, such vacancy may be filled by the Management Committee of the Branch and the Member so appointed shall hold office, subject to theses Rules, until the conclusion of the Annual General Meeting following the date of their appointment.
(e) An office holder, committee or sub-committee member must hand over any documents, property or equipment belonging to the Branch within 14 days after ceasing to hold office or being a member of a committee or sub-committee.
20. ELECTION OF OFFICIALS.
(a) Nominations of candidates for election as officials of this Branch shall:- (i) Be made in writing, indicating the name of the candidate, the position/s for which he wishes to stand; and (ii) Be signed by the candidate, the proposer and seconder and delivered to the Secretary by the October General Meeting. (iii) If insufficient written nominations are received to fill all the vacancies, the candidates nominated shall be deemed to be elected and further nominations shall be taken from the floor.
(b) If the number of nominations received is equal to the number of vacancies to be filled, the person/persons nominated shall be deemed to be elected.
( c) If the number of nominations received exceeds the number of vacancies to be filled, a secret ballot shall be held.
(d) If insufficient further nominations are received, any vacant positions shall be deemed to be casual vacancies.
(e) The ballot for the election of officials shall be conducted at the Annual General Meeting in such usual and proper manner as the Executive Committee may direct.
(f) A nomination of a candidate for election under this clause is not valid, if the candidate is unfinancial with the Branch the time of election.
(g) A member nominating for the position of President, Secretary or Treasurer of the Branch must be a Senior Member of at least two (2) full membership years involvement with the Branch. Such membership years shall have been served consecutively.
(h) A member of the Branch, who holds a position on the management committee of any Soccer Football Association in New South Wales, may not hold a position on the management committee of this Branch.
21. CASUAL VACANCIES.
(a) For the purpose of these Rules, a casual vacancy occurs if the Official:- (i) Dies; (ii) Ceases to be a Member of the Branch; (iii) Becomes insolvent under administration within the meaning of the Companies (New South Wales) Code; (iv) Resigns office by notice in writing given to the Secretary; (v) Is expelled from membership under Rule 12 (e) (iv) or is removed from office under Rule 22. (vi) 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 (vii) Is absent without the consent of this Branch or a Committee for two consecutive meetings of the Committee of this Branch without reasonable excuse.
(b) Should a casual vacancy occur or be declared, such vacancy shall be filled by the Management Committee of the Branch and the Member so appointed shall hold office, subject to these Rules, until the conclusion of the Annual General Meeting following the date of the appointment.
22. REMOVAL OF AN OFFICIAL.
(a) This Branch in a General Meeting, may by resolution remove any member of a Committee or Official from office before the expiration of a member’s term. Such removal of a member of a Committee or Official shall be deemed a casual vacancy.
(b) Where a member of a Committee or Official to whom a proposed resolution referred to in clause (a) relates, makes representations in writing to the Secretary (not exceeding a reasonable length) and requests that the representations be notified to the Members of this Branch, the Secretary, may send a copy of the representations to each Member or, if they are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered.
PART 4.
GENERAL MEETINGS.
23. ANNUAL GENERAL MEETINGS – HOLDING OF.
(a) With the exception of the first Annual General Meeting of this Branch, this Branch shall, at least each calendar year, and within the period of six (6) months after the expiration of each financial year of this Branch, convene an Annual General Meeting of its Members.
(b) This Branch shall hold its first Annual General Meeting:- (i) Within the period of 18 months after its incorporation under the Act; and (ii) Within the period of two (2) months after the expiration of the first financial year of this Branch.
( c) Clauses (a) and (b) have effect subject to any extension or permission granted by the Commission under section 26 (3) of the Act.
24. ANNUAL GENERAL MEETINGS – CALLING OF AND BUSINESS AT.
(a) The Annual General Meeting of this Branch shall, subject to the Act and to Rule 23, be convened on such date and at such place and time as the Executive Committee thinks fit, provided that it is held no later then the 30th November in each year. Members shall be given not less than fourteen days notice of such meeting, from the date of posting.
(b) In addition to any other business which may be transacted at an Annual General Meeting, the business of an Annual General Meeting shall be:- (i) To confirm the minutes of the last preceding Annual General Meeting. (ii) To receive from Committees or Officials, annual reports upon the activities of the Committees / Officials during the last preceding year. (iii) To receive and consider the statement, which is required to be submitted to members pursuant to Section 26 (6) of the Act. (iv) To consider Notices of Motion and recommendations of which previous notice has been given. (v) To consider alterations to the Objects and Rules, by special resolution. (vi) To elect Officials of this Branch whose term of office has expired in accordance with Rule 19. (vii) General Business.
( c) The order of Business may be altered by majority vote of those present and entitled to vote.
(d) An Annual General Meeting shall be specified as such in the notice convening it.
25. SPECIAL GENERAL MEETING - CALLING OF.
(a) The Executive Committee may, whenever it thinks fit, convene a Special General Meeting of this Branch
(b) By resolution carried at a General Meeting.
( c) The Executive Committee shall, on requisition in writing of at least 5 per cent of the number of members , convene a Special General Meeting of this Branch.
(d) A requisition of Members for a Special General Meeting:- (i) Shall state the purpose or purposes of the meeting; (ii) Shall be signed by the Members making the requisition; (iii) Shall be lodged with the Secretary, and may consist of several documents in a similar form, each signed by one or more of the members making the requisition.
(e) Members shall be given not less than seven (7) days notice of such meeting, from the date of posting.
(f) If the Executive Committee fails to convene a Special General Meeting to be held within one (1) month after the date on which a requisition of Members for the meeting is lodged with the Secretary, any one or more of the Members who made the requisition may convene a Special General Meeting to be held not later than three (3) months after that date.
(g) A Special General Meeting convened by a Member as referred to in clause (f) shall be convened as nearly as practicable in the same manner as General Meetings are convened by the Executive Committee.
26. GENERAL MEETINGS.
(a) General Meetings of this Branch shall be held at least once per calendar month during the period February to October inclusive, at such a time and place as this Branch may determine.
(b) The Order of Business for General Meetings shall be:- (i) Apologies. (ii) Reading of Minutes of previous meeting. (iii) Confirmation and Adoption of Minutes of previous General Meeting. (iv) Business arising out of Minutes. (v) Correspondence. (vi) Treasurer’s Report. (vii) Reports of Officials and Committees. (viii) Notices of Motion. (ix) General Business.
( c) The Order of Business may be altered by a majority vote of those present and entitled to vote.
27. DELEGATION BY MANAGEMENT COMMITTEE TO SUB- COMMITTEE.
(a) The Management Committee may, delegate to one or more sub-committees (consisting of members of this Branch as the Management Committee thinks fit) the exercise of such functions of the Committee other than:- (i) This power of delegation; and (ii) a function which is a duty imposed on the Committee by the Act or by any other law.
(b) A function, the exercise of which has been delegated to a sub-committee under this rule, may while the delegation remains unrevoked, be exercised from time to time by the sub-committee in accordance with the terms of the delegation.
( c) A delegation under this section may be made subject to such conditions or limitations as the exercise of any function the subject thereof, or as to time or circumstances, as may be specified.
(d) Notwithstanding any delegation under this Rule, the Management Committee may continue to exercise any function delegated.
(e) Any act or thing done or suffered by a sub-committee acting in the exercise of a delegation under this Rule has the same force and effect as it would have, if it had been done or suffered by the Management Committee.
(f) The Management Committee may revoke wholly or in part any delegation under this Rule.
(g) A sub-committee may meet and adjourn as it thinks proper.
28. NOTICE.
(a) Where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Branch, the Secretary must, at least 14 days before the date fixed for the holding of the general meeting and at least 21 days before the holding of the annual general meeting, cause to be sent by post to each Member at the Members last known address, a notice specifying the place, date and time of the meeting, and the intention to propose the resolution as a special resolution.
(b) No business other than that specified in the notice convening a general meeting for the purpose of dealing with a special resolution shall be transacted at the meeting except, in the case of an Annual General Meeting, business, which may be transacted pursuant to Rule 24.
( c) A Member desiring to bring any business to the Secretary who, providing sufficient time is available after receiving the notice, shall arrange for the inclusion of that business at the next meeting after receipt of the notice.
(d) Any notices of motion or special resolutions for the Annual General Meeting, shall be submitted in writing to the Secretary no later than the 30th of September.
(e) Accidental omission to give notice to any Member shall not invalidate any meeting.
29. PROCEDURE.
(a) No item of business shall be transacted at a general meeting unless a quorum of Members entitled under these Rules to vote is present during the time the meeting is considering that item.
(b) One third of the Members of the Branch present and entitled under these Rules to vote at a general meeting shall constitute a quorum for the transaction of the business of a general meeting.
( c) If within an half hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting if convened upon the requisition of a Member, shall be dissolved and in any other case shall stand adjourned to the time and place as specified at the time of the adjournment by the person presiding at the meeting.
(d) If at the adjourned meeting, a quorum is not present within half an hour after the time appointed for the commencement of the meeting, the Members present (being not less than 10) shall constitute a quorum.
30. PRESIDING MEMBER.
(a) The President or, in the President’s absence, the Senior Vice President, shall preside as Chairperson at each general meeting of this Branch.
(b) If the President and Senior Vice President are absent from a general meeting, the Junior Vice President shall preside as Chairperson of the general meeting.
( c) If the President and/or the Senior Vice President and/or the Junior Vice President are unwilling to act, the Members present shall elect one of their number to preside as Chairperson at the meeting.
31. ADJOURNMENT.
(a) The Chairperson of a general meeting at which a quorum is present may, with the consent of the majority of Members present at the meeting, adjourn the meeting from time to time and place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
(b) Where a general meeting is adjourned for 14 days or more, the Secretary shall give written or oral notice of the adjourned meeting to each Member of this Branch, stating the place, date and time of the adjourned meeting and the nature of the business to be transacted at the adjourned meeting.
( c) Except as provided in clauses (a) and (b), notice of adjournment of a general meeting or of the business to be transacted at an adjourned meeting is not required to be given.
32. MAKING OF DECISIONS.
(a) A question arising at a general meeting of this Branch shall be determined on a show of hands and unless before or on the declaration of a show of hands, a poll is demanded, 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 this Branch, is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution.
(b) At a general meeting of this Branch, a poll may be demanded by the Chairperson or by not less than three (3) members present in person at the meeting.
( c) Where a poll is demanded at a general meeting, the poll shall be taken:- (i) Immediately in the case of a poll which relates to the election of the Chairperson of the meeting or to the question of an adjournment; (ii) In any other case, in such manner and at such time before the close of the meeting as the Chairperson directs, and the resolution of the poll on the matter shall be deemed to be the resolution of the meeting on that matter.
(d) A resolution shall not be rescinded at the same general meeting of this Branch at which it has been determined, unless the motion to rescind is carried by three-quarters of the Members present and entitled to vote. (i) To rescind a resolution determined at any other general meeting shall require a special resolution.
33. SPECIAL RESOLUTION.
A resolution of this Branch is a special resolution if:- (a) It is passed by a majority which comprises not less than three-quarters of such Members of this Branch as, being entitled under these Rules so to do, vote in person at a general meeting of which at least 21 days written notice has been given specifying the intention to propose the resolution as a special resolution was given in accordance with these Rules; or
(b) Where it is made to appear to the Director General that it is not possible or practicable for the resolution to be passed in a manner specified in paragraph (a) – the resolution is passed in a manner specified by the Director General.
34. VOTING.
(a) Upon any question arising at a general meeting of this Branch, a Member has one vote only.
(b) In the case of an equality of votes on a question at a general meeting, the Chairperson of the meeting is entitled to exercise a second or casting vote.
( c) A Member of the Branch is not entitled to vote at any general meeting of the Branch, unless all money due and payable by the Member to this Branch has been paid.
(d) There shall be no voting by proxy.
PART 5.
MISCELLANEOUS.
35. INSURANCE.
(a) This Branch shall effect and maintain insurance pursuant to Section 44 of the Act.
(b) In addition to the insurance required under clause (a), this Branch shall effect and maintain other insurance, as determined appropriate from time to time.
36. FUNDS – SOURCE.
(a) The funds of this Branch shall be derived from annual affiliation fees, levies, dues on game re-imbursements, donations and such other sources as this Branch determines.
(b) All money received by this Branch shall be deposited as soon as practicable and without deduction to the credit of this Branch’s bank account.
( c) This Branch shall, as soon as practicable after receiving any money, issue an appropriate receipt as required.
37. FUNDS – MANAGEMENT.
(a) Subject to any resolution passed by this Branch in a general meeting, the assets and income of this Branch shall be applied solely to the furtherance of the Objects of this Branch and no portion shall be distributed directly or indirectly to the Members or Officials of this Branch except as bona fide compensation for services rendered or expenses incurred on behalf of this Branch.
(b) All cheques, drafts, bill of exchange, promissory notes and other negotiable instruments shall be signed by any 2 members of the Executive Committee.
( c) The funds of this Branch shall be held in such financial institutions as determined at a general meeting of this Branch.
(d) In the event of this Branch being dissolved, the amount which remains after such dissolution and the satisfaction of all debts and liabilities and the costs, charges and expenses of winding up of this Branch shall be paid, pursuant to Section 53 (2) of the Act, and applied by the Executive Committee in accordance with their powers to any fund, institution or authority which is a non-profit organization associated with the development of soccer referees or soccer football.
38. AUDITOR.
An Auditor, being a registered Public Accountant, who need not be connected with this Branch, shall be appointed by the Members at the Annual General Meeting each year.
39. ALTERATION OF OBJECTS AND RULES.
The statement of Objects and these Rules may be altered, rescinded or added to only by a special resolution of this Branch.
40. COMMON SEAL.
(a) The Common Seal of this Branch shall be kept in the custody of the Public Officer of this Branch.
(b) The common seal shall not be affixed to any instrument except by the authority of the Executive Committee and the affixing of the common seal shall be attested by the signatures either of two (2) members of the Executive Committee or of one (1) member of the Executive Committee and the Public Officer or Secretary.
41. CUSTODY OF BOOKS, ETC.
Except as otherwise provided by these Rules, the Public Officer shall keep in his or her custody or under his or her control all records, books and other documents relating to this Branch.
42. INSPECTION OF BOOKS, ETC.
The records, books and other documents of this Branch shall be open to inspection, free of charge, by a Member of this Branch at any reasonable hour.
43. SERVICE OF NOTICES.
(a) For the purpose of these Rules, a notice may be served by or on behalf of this Branch upon any Member or Official of this Branch either personally or by sending it by post to the Member at the address shown in the Register of Members or as given by an Official.
(b) Where 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 provided, be deemed for the purposes of these Rules to have been served on the person at the time at which the letter would have been delivered in the ordinary course of post.
44. SURPLUS PROPERTY.
In the event of the winding-up of this Branch, all surplus property of this Branch pursuant to section 53 (2) of the Act shall be applied by the Executive Committee in accordance with their powers to any fund, institution or authority which is a non-profit organization associated with the development of soccer referees or soccer football.
45. REIMBURSEMENT OF EXPENSES AND HONORARIUMS.
This Branch may, by appropriate resolution passed at a General Meeting, Special General Meeting or Annual General Meeting:- (a) Approve the reimbursement of expenses to any Official or Officials of this Branch; (b) Approve the payment of Honorariums to any Official or Officials of this Branch. Approval shall be by means of a simple majority of Members present and entitled to vote.
46. CONDUCT OF MEETINGS.
(a) Each member on speaking shall rise and address himself to the Chairperson and not to any member of the Branch. They shall speak for a period no longer than five (5) minutes except by consent of the Chairperson. During the time any member is speaking, all other members shall remain seated. When the Chairperson rises to speak, no one shall continue standing, nor shall any one rise until the chair is resumed. The Branch may by vote resolve itself into committee and whilst in, there shall be no restrictions as to the number of times a member may speak to the question.
(b) The mover of every original motion, but not of an amendment shall have the right of reply, not introducing therein, any new matter and confining himself strictly to the answering of previous objections, immediately after which the question shall be put from the Chair. No other Member shall be allowed to speak more than once on the one question unless permission be given to explain, or the attention of the chairman be called to a point of order.
( c) When an amendment is moved upon a proposition, no further amendment shall be moved or taken into consideration until the first is disposed of, but any number of amendments may be brought forward in succession and the question must be put in such a manner that if one amendment be negated another may be moved, but if an amendment be affirmed, it will become part of the proposition under consideration, whereupon further amendments may be moved, and if, after the disposal of an amendment, no further amendment be moved, the Chairperson shall put the question.
(d) All motions, whether original ones or amendments, shall, if the Chairperson requested it, be reduced to writing, signed by the mover and handed to the Secretary.
(e) If the Chairperson at any meeting of the Branch is of the opinion that any motion proposed thereat is of an objectionable character it shall be competent for him either before or after same is brought forward to rule it out of order.
(f) Dissent from the Chairperson’s ruling shall not be spoken to except by the dissident and the Chairperson, each being confined to a period not exceeding three (3) minutes.
(g) No member of the Branch shall leave the room whilst evidence is being taken on protests, appeals, charges, except with the permission of the Chairperson. |
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