The constitution of an incorporated association forms the structure within which the association operates.
To assist associations develop their constitution, NSW Fair Trading has prepared this model constitution, which covers the matters required by law. An association may:
Any changes made to the model constitution will automatically apply to all associations that have adopted the model constitution (without modification)
© State of New South Wales through NSW Fair Trading, 2016
For any other use of this information, please refer to NSW Fair Trading’s copyright policy at https://www.fairtrading.nsw.gov.au/ftw/copyright.page or email publications@finance.nsw.gov.au
This publication must not be relied on as legal advice. For more information please refer to the appropriate legislation or seek independent legal advice
The name of the Club is ILLAWARRA PASSIONATE CRICKETERS CLUB (IPCC) INCORPORATED
The Club is established solely for the Objects. The Objects of the Club are established to:
(1) In this constitution: ordinary committee member means a member of the committee who is not an office-bearer of the association.
secretary means:
special general meeting means a general meeting of the association other than an annual general meeting.
the Act means the Associations Incorporation Act 2009.
the Regulation means the Associations Incorporation Regulation 2016.
(2) In this constitution
(3) The provisions of the Interpretation Act 1987 apply to and in respect of this constitution in the same manner as those provisions would so apply if this constitution were an instrument made under the Act.
1. A person is eligible to be a member of the association if:
2. A person is taken to be a member of the association if:
* in the case of a registrable corporation that is registered as an association - a member of the registrable corporation immediately before that entity was registered as an association.
(3) A person is taken to be a member of the association if the person was one of the individuals on whose behalf an application for registration of the association under section 6 (1) (a) of the Act was made.
(4) The Members of the administrative or governing body of IPCC in office immediately prior to approval of this Constitution under the Act shall continue in those positions for 2 years and will continue to be life long core members of IPCC
A person ceases to be a member of the association if the person
A right, privilege or obligation which a person has by reason of being a member of the association
(1) A member of the association may resign from membership of the association by first giving to the secretary written notice of at least 1 month (or any other period that the committee may determine) of the member’s intention to resign and, on the expiration of the period of notice, the member ceases to be a member.
(2) If a member of the association ceases to be a member under subclause (1), and in every other case where a member ceases to hold membership, the secretary must make an appropriate entry in the register of members recording the date on which the member ceased to be a member.
The secretary must establish and maintain a register of members of the association (whether in written or electronic form) specifying the name and postal, residential or email address of each person who is a member of the association together with the date on which the person became a member.
(2) The register of members must be kept in New South Wales:
(3) If a member requests that any information contained on the register about the member (other than the member’s name) not be available for inspection, that information must not be made available for inspection.
(4) A member must not use information about a person obtained from the register to contact or send material to the person, other than for:
(5) If the register of members is kept in electronic form:
(1) If a dispute is not resolved by mediation within 3 months of the referral to a Community Justice Centre, the dispute is to be referred to arbitration.
(2) The Commercial Arbitration Act 2010 applies to a dispute referred to arbitration.
(1) A complaint may be made to the committee by any person that a committee member of the association:
(2) The committee may refuse to deal with a complaint if it considers the complaint to be trivial or vexatious in nature.
(3) If the committee decides to deal with the complaint, the committee:
(4) The committee may, by resolution, expel the member from the association or suspend the member from membership of the association if, after considering the complaint and any submissions made in connection with the complaint, it is satisfied that the facts alleged in the complaint have been proved and the expulsion or suspension is warranted in the circumstances.
(5) If the committee expels or suspends a member, the secretary must, within 7 days after the action is taken, cause written notice to be given to the member of the action taken, of the reasons given by the committee for having taken that action and of the member’s right of appeal under clause 12.
(6) The expulsion or suspension does not take effect:
whichever is the later
Subject to the Act, the Regulation, this constitution and any resolution passed by the association in general meeting, the committee:
(1) The committee is to consist of:
each of whom is to be elected at the annual general meeting of the association under clause 15.
Note. Section 28 of the Act contains further requirements concerning eligibility for membership and composition of the committee.
(2) The total number of committee members is to be 7.
(3) The office-bearers of the association are as follows:
(4) A committee member may hold up to 2 offices (other than both the offices of president and vice-president).
(5) There is no maximum number of consecutive terms for which a committee member may hold office
Note. Schedule 1 to the Act provides that an association’s constitution is to address the maximum number of consecutive terms of office of any office-bearers on the committee.
(6) Each member of the committee is, subject to this constitution, to hold office until immediately before the appointment of committee members at the annual general meeting next following the date of the member’s election, and is eligible for re-election.
As per clause (2 )2 iii
(1) The secretary of the association must, as soon as practicable after being appointed as secretary, lodge notice with the association of his or her address.
(2) It is the duty of the secretary to keep minutes (whether in written or electronic form) of:
(3) Minutes of proceedings at a meeting must be signed by the chairperson of the meeting or by the chairperson of the next succeeding meeting.
(4) The signature of the chairperson may be transmitted by electronic means for the purposes of subclause (3).
It is the duty of the treasurer of the association to ensure:
(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 annual general meeting next following the date of the appointment.
A casual vacancy in the office of a member of the committee occurs if the member:
(1) The association in general meeting may by resolution remove any member of the committee from the office of member before the expiration of the member’s term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the member so removed.
(2) If a member of the committee to whom a proposed resolution referred to in subclause (1) relates makes representations in writing to the secretary or president (not exceeding a reasonable length) and requests that the representations 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 the representations 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.
(1) The committee must meet at least 3 times in each period of 12 months at the place and time that the committee may determine.
(2) Additional meetings of the committee may be convened by the president or by any member of the committee.
(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 48 hours (or any other period that may be unanimously agreed on by the members of the committee) before the time appointed for the holding of the meeting.
(4) Notice of a meeting given under subclause (3) 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.
(5) Any 3 members of the committee constitute a quorum for the transaction of the business of a meeting of the committee.
(6) No business is to be transacted by the committee unless a quorum is present and if, within half an hour of the time appointed for the meeting, a quorum is not present, the meeting is to stand adjourned to the same place and at the same hour of the same day in the following week.
(7) If at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the meeting is to be dissolved.
8) At a meeting of the committee:
(1) A committee meeting may be held at 2 or more venues using any technology (video conference or teleconference)approved by the committee that gives each of the committee’s members a reasonable opportunity to participate.
(2) A committee member who participates in a committee meeting using that technology is taken to be present at the meeting and, if the member votes at the meeting, is taken to have voted in person.
(1) Questions arising at a meeting of the committee or of any sub-committee appointed by the committee are to be determined by a majority of the votes of members of the committee or sub-committee present at the meeting.
(2) Each member present at a meeting of the committee or of any sub-committee appointed by the 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.
(3) Subject to clause 20 (5), the committee may act despite any vacancy on the committee.
(4) Any act or thing done or suffered, or purporting to have been done or suffered, by the committee or by a sub-committee appointed by the committee, is valid and effectual despite any defect that may afterwards be discovered in the appointment or qualification of any member of the committee or sub-committee.
(1) The association must hold its first annual general meeting within 18 months after its registration under the Act.
The association must hold its annual general meetings:
(1) The annual general meeting of the association is, subject to the Act and to clause 25, to be convened on the date and at the place and time that the committee thinks fit.
(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:
(3) An annual general meeting must be specified as that type of meeting in the notice convening it
(1) The committee may, whenever it thinks fit, convene a special general meeting of the association
(2) The committee must, on the requisition of at least 5% of the total number of members, convene a special general meeting of the association.
(3) A requisition of members for a special general meeting:
(4) If the committee fails to convene a special general meeting to be held within 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 3 months after that date.
(5) A special general meeting convened by a member or members as referred to in subclause (4) must be convened as nearly as is practicable in the same manner as general meetings are convened by the committee.
For the purposes of subclause (3):
(1) Except if the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the secretary must, at least 14 days before the date fixed for the holding of the general meeting, give a notice to each member specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting
(2) If the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the secretary must, at least 21 days before the date fixed for the holding of the general meeting, cause notice to be given to each member specifying, in addition to the matter required under subclause (1), the intention to propose the resolution as a special resolution.
Note. A special resolution must be passed in accordance with section 39 of the Act
(3) No business other than that specified in the notice convening a general meeting is to be transacted at the meeting except, in the case of an annual general meeting, business which may be transacted under clause 26 (2).
(4) A member desiring to bring any business before a general meeting may give notice in writing of that business to the secretary who must include that business in the next notice calling a general meeting given after receipt of the notice from the member.
(1) No item of business is to be transacted at a general meeting unless a quorum of members entitled under this constitution to vote is present during the time the meeting is considering that item.
(2) Five members present (being members entitled under this constitution to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting.
(3) If within half an hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting:
(4) 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 at least 3) are to constitute a quorum.
(1) The president or, in the president’s absence, the vice-president, is to preside as chairperson at each general meeting of the association.
(2) 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.
(1) 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 is to be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
(2) If a general meeting is adjourned for 14 days or more, the secretary must give written or oral notice of the adjourned meeting to each member of the association stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.
(3) Except as provided in subclauses (1) and (2), notice of an adjournment of a general meeting or of the business to be transacted at an adjourned meeting is not required to be given.
(1) A question arising at a general meeting of the association is to be determined by:
(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.
(3) Subclause (2) applies to a method determined by the committee under subclause (1) (a) in the same way as it applies to a show of hands.
(4) 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.
A special resolution may only be passed by the association in accordance with section 39 of the Act.
(1) On any question arising at a general meeting of the association a member has one vote only.
(2) In the case of an equality of votes on a question at a general meeting, the lifelong members decision(decision done via voting by the lifelong members only) is entitled to exercise a second or casting vote
(1) The association may hold a postal or electronic ballot (as the committee determines) to determine any issue or proposal (other than an appeal under clause 12).
(2) A postal or electronic ballot is to be conducted in accordance with Schedule 3 to the Regulation.
(1) A general meeting may be held at 2 or more venues using any technology approved by the committee that gives each of the association’s members a reasonable opportunity to participate.
(2) A member of an association who participates in a general meeting using that technology is taken to be present at the meeting and, if the member votes at the meeting, is taken to have voted in person.
The association may effect and maintain insurance.
(1) The funds of the association are to be derived from entrance fees and annual subscriptions of members, donations and, subject to any resolution passed by the association in general meeting, any other sources that the committee determines.
(2) All money received by the association must be deposited as soon as practicable and without deduction to the credit of the association’s bank or other authorised deposit-taking institution account.
(3) The association must, as soon as practicable after receiving any money, issue an appropriate receipt.
(1) Subject to any resolution passed by the association in general meeting, the funds of the association are to be used solely in pursuance of the objects of the association in the manner that the committee determines.
(2) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by 2 authorised signatories, one of which must be the president.
Subject to the Act and the Regulation, the association must apply its funds and assets solely in pursuance of the objects of the association and must not conduct its affairs so as to provide a pecuniary gain for any of its members.
Note.
Section 5 of the Act defines pecuniary gain for the purpose of this clause.
(1) Subject to the Act and the Regulations, in a winding up of the association, any surplus property of the association is to be transferred to another organisation with similar objects and which is not carried on for the profit or gain of its individual members.
(2) In this clause, a reference to the surplus property of an association is a reference to that property of the association remaining after satisfaction of the debts and liabilities of the association and the costs, charges and expenses of the winding up of the association.
Note.
Section 65 of the Act provides for distribution of surplus property on the winding
up of an association.
An application 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.
Except as otherwise provided by this constitution, all records, books and other documents relating to the association must be kept in New South Wales:
(1) The following documents must be open to inspection, free of charge, by a member of the association at any reasonable hour:
(2) A member of the association may obtain a copy of any of the documents referred to in subclause (1) on payment of a fee of not more than $1 for each page copied.
(3) Despite subclauses (1) and (2), the committee may refuse to permit a member of the association to inspect or obtain a copy of records of the association that relate to confidential, personal, employment, commercial or legal matters or where to do so may be prejudicial to the interests of the association.
(1) For the purpose of this constitution, a notice may be served on or given to a person:
(2) For the purpose of this constitution, a notice is taken, unless the contrary is proved, to have been given or served:
The financial year of the association is:
Notes.
1. Schedule 1 to the Act provides that an association’s constitution is to address the
association’s financial year.
2. Clause 19 of the Regulation contains a substitute clause 47 for certain associations incorporated under the Associations Incorporation Act 1984
We, the Illawarra Passionate Cricketers’ Club (IPCC), are dedicated to our love for cricket and our passion for the sport. To maintain the spirit of the game, we expect all members to strictly adhere to the following Code of Conduct during game days and on the field.
i) We follow the rules and regulations set by Cricket Illawarra.
ii) Cricket is a gentleman’s game, and all players must embody the highest level of sportsmanship on and off the field.
i) The umpire’s decision is final, regardless of whether you believe it is correct or not.
ii) Decisions are made on the field based on the umpire’s best judgment. Show full respect towards umpires at all times.
i) English is the only language to be spoken on the field during gameplay..
ii) Refrain from using any other language to ensure clear communication and to maintain inclusivity and respect..
i) Treat every player with respect, whether they are on your team or the opposing team..
ii) Value and appreciate the skills, talents, and contributions of each team member.
iii) Avoid playing as individuals—play as a team and work together to create and execute game plans.
i) If a conflict arises on the field, only the captain is permitted to address the issue.
ii) The captain may communicate with the opposing captain in the presence of the umpire to resolve the matter.
iii) At all times, respect the umpire’s authority and decisions during conflict resolution.
i) Be punctual and adhere to the game schedule, including the start time and over rates.
ii) After the game, stay back to shake hands with the opposing team as a sign of sportsmanship.
iii) If any discrepancies occur during the game, apologize sincerely and acknowledge the skills of the opposing team.
i) If any unresolved issues or concerns arise, report them to the IPCC Committee Members.
ii) The committee is available to assist and resolve conflicts promptly.
iii) At all times, respect the umpire’s authority and decisions during conflict resolution.
i) Our vision is to promote cricket in the region, fostering its growth and sustainability.
ii) We aim to inspire future generations of cricketers through ethical behavior, teamwork, and a strong sense of sportsmanship.
iii) All members must contribute to maintaining the reputation, honour, and culture of the Illawarra Passionate Cricketers’ Club.
Thank you for understanding and following this Code of Conduct. By playing for the Illawarra Passionate Cricketers’ Club, you are not only upholding our values but also contributing to the promotion of cricket in the region. Together, we will ensure the future success and prosperity of the IPCC.
Preamble The Illawarra Passionate Cricketers Club (IPCC) is committed to fostering an environment of sportsmanship, mutual respect, and adherence to fair play. This Code of Conduct sets out the expectations for all players, officials, and members, ensuring that the spirit of cricket is upheld both on and off the field. Non-compliance with this Code will result in disciplinary action, including potential suspension or a ban from participation in Cricket Illawarra competitions.
i) All players must respect teammates, opponents, officials, and spectators.
ii) Players must refrain from any form of discrimination, harassment, or abusive language.
i) Players must adhere to the rules and regulations of the game as set by Cricket Illawarra and Cricket Australia.
ii) Players must follow the directives of match officials and the IPCC management.
i) Players must display a high standard of sportsmanship and avoid conduct that brings the club or the game into disrepute.
i) Members are expected to maintain appropriate behavior in all club-related activities, including social events and online interactions.
• All disputes must be reported to the IPCC committee in writing, with all parties involved committing to cooperate in resolving the matter amicably.
i) Complaints about a player’s conduct must be submitted in writing to the IPCC disciplinary committee.
ii)The disciplinary committee will review the complaint, gather evidence, and hear from all relevant parties.
i) The committee will aim to resolve disputes internally within the IPCC through mediation or disciplinary measures as appropriate.
i) Sanctions may include warnings, match suspensions, or expulsion from the club, depending on the severity of the infraction.
i) A player subject to disciplinary action has the right to appeal the decision within 7 days of the decision being communicated.
ii) The appeal must be submitted in writing to the IPCC committee, outlining the grounds for appeal.
i)The IPCC appeals subcommittee will review the case and provide a final decision within 14 days of receiving the appeal.
ii) The decision of the appeals subcommittee will be binding within the IPCC.
i) While the appeal process is under review, the player in question is obligated to fulfill their signed commitment to play for the remainder of the season, unless specifically suspended by the disciplinary committee.
ii) Failure to participate in scheduled games or activities without valid justification will result in an automatic forfeiture of the appeal and potential further sanctions, including suspension or expulsion from the club.
i) If a dispute cannot be resolved within the IPCC, the matter may be escalated to the Cricket Illawarra disciplinary committee.
ii) he IPCC committee must submit the case to Cricket Illawarra with all relevant evidence and documentation.
i) Even during the appeal process at Cricket Illawarra, the player must continue to fulfill their obligations to the club for the rest of the season unless explicitly barred from participation by Cricket Illawarra.
ii) Non-compliance with this clause will result in immediate suspension from the IPCC, with the club recommending to Cricket Illawarra that a ban be imposed on the player from all competitions under its jurisdiction.
i) Cricket Illawarra will conduct an independent review of the case and may impose further sanctions, including:
ii) Suspension from all Cricket Illawarra competitions
iii) Permanent banning of the player from participating in Cricket Illawarra-affiliated games.
i) The IPCC committee reserves the right to recommend a ban or other penalties to Cricket Illawarra for any player whose conduct is deemed severely detrimental to the club or the sport.
ii) Any player engaging in the appeals process but failing to fulfill their playing commitments during this period, without valid justification or prior written approval, will be deemed in breach of the Code of Conduct.
iii) Such non-compliance will result in immediate forfeiture of their right to appeal and additional sanctions, including:
iv) Automatic suspension from all IPCC activities.
v) A formal request by the IPCC to Cricket Illawarra to permanently ban the player from all competitions under its jurisdiction.
Decisions made by Cricket Illawarra’s disciplinary committee will be final and binding. • Players who are banned by Cricket Illawarra will be ineligible to participate in any future competitions under the organization.
Acknowledgment and Agreement All players, members, and officials of the IPCC are required to read, understand and acknowledgment of this Code of Conduct, agreeing to abide by its terms. Failure to do so will result in ineligibility to participate in club activities. This Code of Conduct is effective immediately and will be reviewed annually by the IPCC committee to ensure its relevance and alignment with Cricket Illawarra and Cricket Australia regulations.