1. This body shall be called the Eastern Cricket Association Inc.
- To provide an opportunity for anyone, the young and the not so young, to play cricket at a standard to suit their abilities and aspirations in an enjoyable, competitive manner.
- To maintain the traditions and history of all former associations together with the rights and privileges of respective life members.
- To participate in any activity intended to directly, or indirectly, promote the game of cricket.
- To be recognised and well regarded in the community with ready access to local councils, the media and potential sponsors.
- To promote understanding and good fellowship between members of competing clubs.
3. In the clauses of the Constitution, unless contrary intention appears: “Constitution” mean these rules
“the Association” means the Eastern Cricket Association Inc.
“affiliate club” means a cricket club whether incorporate or unincorporated which has been and continues to be accepted by the Association for affiliation with the Association and has paid the annual affiliation fee pursuant to clause 8 hereof.
“member” means a member of the Association as defined in clause 5 hereof.
“delegate” means a member of an affiliated club appointed by that club as their representative according to clause 11 here of.
“participating team” means a team of an affiliate club which competes in a competition controlled by the Association.
“Competition Rules” or “Rules” means the rules from time to time prescribed by the Association for the conduct of matches in the competitions controlled by the Association.
“Executive” means the Committee of Management of the Association elected or appointed under clause 41
“financial year” means the year ending 31 May.
“General Committee meeting” or “general meeting” means a meeting of members convened in accordance with clause 21 hereof.
“Aged based Section(s)” means the section(s) of the Association as set out in clause 58 hereof which administers the aged-age competition(s) of the Association.
“Aged based Section member” means any of the persons named as such in clause 59 hereof.
“Aged based Executive” means the Committees of Management of any aged based Sections.
“Aged based Section Rules” means the rules as from time to time prescribed by the respective Aged based Section for the conduct of matches in the aged based competitions controlled by the any aged based Sections.
Aged Based can be, but not limited to, Junior Male, Junior Female, Veterans
“the Act” means the Association Incorporation Reform Act 2012.
“the Regulations” means regulations under the Act.
“the Registrar” means the Registrar of Incorporated Associations
“absolute majority”, of the Executive, means a majority of the committee members currently holding office and entitled to vote at the time (as distinct from a majority of committee members present at a committee meeting);
“associate member” means a member referred to in clause 6;
“Chairperson”, of a general meeting or committee meeting, means the person chairing the meeting as required under clause 48(1);
“Official Club Position” means the president or secretary of an affiliated club
“Secretary” as defined within these rules can also be known as an Operations Manager
POWERS OF ASSOCIATION
4. (1) Subject to the Act, the Association has power to do all things incidental or conducive to achieve its purposes.
(2) Without limitation from subrule, the Association may
- acquire, hold and dispose of real or personal property;
- open and operate accounts with financial institutions;
- invest its money in any security in which trust monies may lawfully be invested;
- raise and borrow money on any terms and in any manner as it thinks fit;
- secure the repayment of money raised or borrowed, or the payment of a debt or liability;
- appoint agents to transact business on its behalf;
- enter into any other contract it considers necessary or desirable.
(3) The Association may only exercise its powers and use its income and assets (including any surplus) for its purposes.
(4) The Association must not distribute any surplus, income or assets directly or indirectly to its members.
(5) Subrule (4) does not prevent the Association from paying a member
- reimbursement for expenses properly incurred by the member; or
- for goods or services provided by the member
5. (1) The members of the Association shall consist of cricket clubs whose entry in senior competitions is approved by the Executive each year, life members and patrons elected pursuant to clause 57, the office-bearers appointed from time to time pursuant to clause 41, and one representative of the Umpires’ Association.
(2) Any age based Section member shall have no rights in that capacity in respect of the senior competition or towards the Association except as set out in the clauses of the age based Section.
6. Any age based section member, not affiliated with a senior member, of the association will be classified as an Associate member. They shall have no rights towards the Association except as set out in the clauses of the age based Section.
APPLICATION FOR AFFILIATION
7. All applications by cricket clubs for affiliation with the Association for the ensuing season shall be lodged with the secretary no later than the 1st day of August in each year, provided that in special circumstances the Executive may accept late applications. Each application shall contain the following information:
(1) Name, address, telephone number and an electronic contact point (eg e-mail) of the club President and Secretary
(2) Details of ground(s) location, shared grounds and availability
AFFILIATION FEES & PENALTIES
8. (1) The annual fee covering affiliation and any other amounts shall be determined by the Association at the annual general meeting each season. Such fee shall be payable by each member club on receipt of an account from the Association.
- One half of the subscriptions are to be paid on or before the delegates meeting prior to the first match of the season and the balance is payable by the end of December.
(2) Clubs failing to fulfil the requirements of this Rule may lose all points they have scored and/or incur any other penalty the Executive may deem fit.
(3) Fines and penalties may be imposed on member clubs pursuant to those outlined in the playing rules and this constitution.
GENERAL RIGHTS AND RESPONSIBILITIES OF MEMBERS
9. (1) A member of the Association who is entitled to vote has the right:
- to receive notice of general meetings and of proposed special resolutions in the manner and time prescribed by these Rules; and
- to submit items of business for consideration at a general meeting; and
- to attend and be heard at general meetings; and
- to vote at a general meeting; and
- to have access to the minutes of general meetings and other documents of the Association as available and defined within this constitution; and
- to inspect the register of members.
(2) A member is entitled to vote if:
- the member is a member other than an associate member; and
- the member's membership rights are not suspended for any reason
(3) A member club must:
- ensure any of its personnel adhere to any association playing rules, code of conduct or other policies and by-laws in place.
- ensure that all monies owed are remitted by the 30 April in each season, unless otherwise required within this constitution.
REGISTER OF MEMBERS, OFFICIALS and DELEGATES
10. The secretary shall keep and maintain a register of members in which shall be entered the full name, contact address for notices and date of entry of each member and delegate and the register shall be available for inspection by any members at a reasonable time and free of charges and at the address of the secretary.
11. The names, addresses (either residential or electronic) and telephone numbers of the delegates appointed to represent each club shall be lodged with the Secretary of the Association no later than 1 August each year and no delegate of a club shall be admitted to any meeting of the General Committee until the club has complied with this clause.
TERMINATION OF AFFILIATION
12. A member of the Association who has paid all moneys due and payable to the Association may resign from the Association by giving one month’s notice in writing to the Secretary of the intention to resign. (1) The Executive may by resolution terminate the status of an affiliate club of the Association if, in the opinion of the Executive, that club has:
- Failed to pay any money due and payable by it to the Association; or
- Been guilty of conduct unbecoming or prejudicial to the interests of the Association or to the game of cricket.
For the purposes of this clause any conduct of a player, member, office-bearer or delegate of an affiliate club may be regarded by the Executive as conduct of the affiliate club.
DISCIPLINARY & INVESTIGATIVE ACTION
13. Grounds for taking disciplinary/investigative action
Any member, club, team, delegate, player, office-bearer, personnel of a club, spectator having an affinity with a club, or umpire, charged with, or reported in accordance with the requirements of the appropriate rule/constitution shall be dealt with at a hearing of the relevant Committee.
(1) action can be taken if the Executive determines anyone defined above:
- have failed to comply with this constitution; or
- refuses to support the purposes of the Association; or
- have engaged in conduct prejudicial to the Association.
- Or who may have contravened the playing rules or players code of conduct
(2) The secretary shall give notice to member/club/player etc:
- Stating the purpose of the action to be taken,
- Specifying the date, place an time of the meeting and
- The ability to attend/address the meeting or give written statements before the meeting.
14. Definitions of Disciplinary/Investigation Committees
(1) The Disciplinary Committee shall deal with any reports lodged by Umpires during matches scheduled by the association. However, the Executive may elect to vary this where a player chooses to accept a fixed penalty as outlined in the Association’s rules or as it sees fit.
(2) The Investigation Committee shall deal with any reports and complaints lodged by clubs or other instances as directed by the Executive:
15. Provisions for Disciplinary/Investigation Committees
(1) Each Committee shall consist of a Chairperson and two other members. The chairperson shall be appointed annually at the first meeting of the Executive and other members will be co-opted as needed. No member of the Executive or Review Committee shall serve on either Committee.
(2) Charges and reports concerning a player, club, office bearer, member of a club or umpire shall be in writing and lodged in accordance with the Rules of the Association.
(3) The secretary of this Association, or his deputy, shall attend all disciplinary hearings and shall maintain a record of all proceedings.
(4) The record taker from any hearing shall not serve on any Review Committee except to advise, if necessary, that Committee of the details of the original proceedings.
(5) The Disciplinary Committee shall be convened on the Thursday following the completion of the match in which the alleged incident occurred. If it is not possible to have the hearing at that time it shall be held at the earliest suitable time, of which the secretary or his deputy shall advise all parties.
Where any Committee finds a charge/report as proven they shall impose a penalty by way of disqualification, suspension, recommend deregistration, fine or otherwise on the member, person, club or team concerned provided such penalty meets any other conditions the association’s rules stipulate.
The following procedures shall be observed at the hearing of every charge or report:
- Every person charged or reported shall be entitled to be present and hear all evidence given and may be represented by a member of the player’s club.
- A legal practitioner, only in exceptional circumstances, can act for any person appearing before a committee. Not withstanding this restriction a committee shall have absolute discretion to grant or refuse leave in the circumstances where a Club official, who would normally be expected to assist a party before the committee, is a legal practitioner. However, written legal opinion may be tendered in evidence.
- The reporting umpire shall be entitled to be present and hear all evidence given and may be represented by a member of the Umpires’ Association.
- Any club, either the player or player’s representative or either umpire or umpires’ representative shall have the right to question any witness called, to lead evidence in the player or umpire’s defence, and to address the relevant Committee.
- Every club or team charged shall be entitled to be represented at the hearing by a member of the club and such representative shall be entitled to be present and hear all evidence given, to question any witness called, to lead evidence and to address the relevant Committee.
- The relevant Committee may proceed with the hearing notwithstanding the absence of any individual, representative of any team or club, or the author of the report, and has the absolute discretion to proceed, postpone or convene a rehearing, as it sees fit.
- A written statement over the proceedings by any witnesses shall be accepted and considered at the discretion of any Committee.
- At the conclusion of the hearing the Committee Chairperson shall verbally advise participants of its findings and their rights of appeal to the Review Committee or Victorian Metropolitan Cricket Union and any decision made by a Committee shall be binding on the member, persons or club and shall be confirmed to the relative party by the Secretary.
18. Any member, person, club or team penalised as a result of a hearing shall have the right of appeal:
(1) no appeal shall be heard unless:
- evidence not originally presented is available which may have reasonably affected the original decision; or
- the appellant can demonstrate that an error in law or a ruling contrary to the Rules and/or By- Laws/Constitution of this Association was made by a decision; or
- the appellant can demonstrate the any penalty imposed is above the norm for the penalised offence
(2) Any appeal must be lodged, in writing, with the Secretary within seven (7) days of the decision being advised by the Committee Chairperson and accompanied by a bond equal to fifty penalty units.
(3) Appeals will be heard by a quorum of the Review Committee which has the power to amend, revoke or increase any penalty already established by a committee.
(4) Where the Review Committee considers the appeal to have been made without reasonable cause it may determine that all or part of the bond not be refunded to the applicant lodging the appeal.
(5) A player suspended by the Disciplinary Committee who lodges an appeal may continue to play until the Review Committee hears the appeal. Unless the penalty is revoked by a decision of the Review Committee any matches played between the time of the Disciplinary hearing and the decision of the Review Committee shall automatically be added to any suspension or penalty.
(6) Any member, person, club or team penalised as a result of a Review Committee hearing may lodge an appeal with the Victorian Metropolitan Cricket Union in accordance with their rules. Any such appeal must first be given to the Secretary for on-forwarding to the Victorian Metropolitan Cricket Union.
(7) Any decision of the Victorian Metropolitan Cricket Union shall be final.
DISPUTES AND MEDIATION
19. (1) The grievance procedure set out in this rule applies to disputes under these rules between:
- a member and another member; or
- a member and the Association.
(2) The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.
(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 a mediator which agreed to by both parties.
(4) The mediator, in considering the mediation, must:
- give the parties to the mediation process every opportunity to be heard;
- allow due consideration by all parties of any written statement submitted by any party; and
- ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.
(5) The use of the Member Protection Policy provided by Cricket Victoria may also be utilized to settle any Disputes.
ANNUAL GENERAL MEETING
20. When Held
The annual general meeting of the Association shall be held not later than the second week in August each year, at such place and on such night as shall be appointed by the Executive.
21. How Convened
At least 7 days’ notice in writing shall be given to all office-bearers, life members and patrons and clubs which comprised the Association during the previous season, of the annual general meeting, setting out the business to be brought before such meeting, together with a copy of the Association Annual Report and Financial Statement.
22. Conduct and Business
The conduct of the annual general meeting shall be governed by the provisions of the appropriate clause in this constitution. The ordinary business of the annual meeting shall be:
- To confirm the minutes of the last preceding annual general meeting and of any general meetings held since that meeting.
- To receive from the Executive reports upon the transactions of the Association during the preceding financial year.
- To elect the office-bearers of the Association.
- To approve umpires’ fees for the coming season.
- To approve affiliation fees for the coming season.
- To receive and consider the statement submitted by the Association in accordance with Section 7 of the Act.
- To transact any other business of which notice, if required, has been given.
23. A special meeting of the General Committee shall be convened by the Secretary:
(1) On the instruction and by the direction of the Executive; or
(2) On receipt of a written requisition, signed by at least eight delegates, specifying the matters to be brought before such meeting, subject always to clause 49. Such request must be in writing to the secretary and state the business to be considered and any resolution proposed and include the names and signature of the members requesting the meeting
(3) If the Executive does not convene a special general meeting within one month after the date on which the request is made, the members making the request (or any of them) may convene the special general meeting
(4) At least 14 days’ notice in writing of a special meeting of the General Committee setting out the business to be brought before such a meeting shall be given to all office-bearers, life members, patrons, and clubs which comprise the Association.
24. The General Committee shall meet at least two times in the period September to March each season to transact business. The ordinary business of a General Committee meeting shall be:
- To confirm the minutes of the last preceding General Committee meeting and of any other meeting held since that time.
- To receive from the Executive, reports upon the transactions of the Association since the last preceding General Committee meeting.
- To transact any other business of which notice, if required, has been given.
PROCEDURES OF MEETINGS
25. Duration of Meetings
All meetings of the General Committee shall commence not later than 8:15pm and shall terminate not later than 10:30pm, unless a resolution granting an extension of time be carried by at least two-thirds of those present at such meeting.
26. Voting and Attendance
(1) Only the Chairperson, office-bearers, delegates, the representative of the Umpires’ Association, , shall vote personally and have one vote each at meetings of the General Committee and Special Meetings.
(2) All resolutions shall be decided on the voices or by show of hands, but any member may demand a ballot. In the event of the voting on any question being equal the Chairperson of the meeting is entitled to exercise a second or casting vote.
(3) An entry showing the result of a vote in the minutes of the meeting is conclusive proof of that fact
(4) A member not physically present at a general meeting may be permitted to participate in the meeting by the use of technology that allows that member and the members present at the meeting to clearly and simultaneously communicate with each other. For this purpose, a member participating in a general meeting thus permitted is taken to be present at the meeting and, if the member votes at the meeting, is taken to have voted in person.
(5) A club failing to be represented at any meeting of the General Committee shall incur a penalty of two penalty units, and if not represented at a second meeting in the same season shall incur an additional penalty of four penalty units. For the third and each subsequent offence during that season, shall incur a fine of 12 penalty units. Before leaving each meeting of the General Committee all office-bearers, life members, delegates and approved proxies shall sign an attendance book as a record of having attended.
(6) A special resolution is a resolution as describe by the Act or
- required to remove a committee member from office;
- to alter these rule, including changing the name or any of the purposes of the Association.
- winding up the association
- any other significant decision required
(7) A vote is passed when a simple majority of entitled voting members present, vote in favour. For a special resolution three quarters of the entitled voting members present must vote in favour.
(1) Should any club delegate be unable to attend a General Committee meeting, his/her club under the signature of the club Secretary or President, may appoint some other person who shall not be a delegate for another club as proxy to attend in his/her place, and such person shall, provided that his/her proxy is in order, and is handed to the Chairperson immediately on arrival at the meeting, be entitled to vote and to all the rights of a delegate at such meeting.
(2) In the event of resignation or death of a delegate a club shall nominate a replacement in compliance with clause 11.
(3) No other proxy votes will be allowed
28. Delegates’ Undertaking
Any undertaking given by a delegate at the annual general meeting or at any meeting of the General Committee shall be binding on and enforceable against the club which he/she represents.
A quorum shall consist of one-fourth of the total number of club delegates and business shall not be proceeded with until such quorum be present.
30. Procedure and Standing Orders
All meetings shall be conducted on parliamentary lines, subject to the following:
(1) Any member moving or speaking to a motion or an amendment shall rise and address the Chair in an orderly and respectful manner, avoiding personalities and unbecoming language, and, if called to order by the Chairperson, shall immediately resume his/her seat.
(2) All motions must be seconded before being debated and, after being seconded, cannot be withdrawn without the consent of the seconder.
(3) No member may speak more than once to any motion or amendment, excepting the mover of the original motion, who shall have the right of reply.
(4) Where a motion or amendment has been duly moved and seconded, debate may ensue, but not more than two speakers other than the mover and seconder shall speak in succession on the same side of the question. If two speakers have so spoken and no speaker then rises to take the opposite view, the question shall be put forthwith.
(5) On any member rising to a point of order during a discussion the member then speaking shall sit and the member/s so rising shall then state the point of order, and the Chairperson shall give a ruling thereon, which may be reviewed by the meeting.
(6) Where two or more members try to speak at the same time the Chairperson shall decide who is entitled to the floor.
(7) Should a motion be raised and seconded of such importance to the association, then the motion shall not be considered at that point in time and a request be made to hold a special meeting to be convened at some future date to allow due consideration by members, on the matter
POWERS OF GENERAL COMMITTEE
31. In addition to any other power conferred on it by the Rules of the Association the General Committee shall have power to:
- Appoint a person duly qualified under the Rules of the Association to fill any vacant office. Appoint sub-committees to deal with any matters.
- Refer any particular matters to the Executive for report or decision.
- Approve the provision of perpetual trophies for any grade or grades.
- Strike a levy which must be applied to all clubs in the Association.
32. Financial Year
The financial year of the Association shall end on the 31st day of May in each year and the accounts of the Association shall be compiled as at that date and the accounts of the Association shall be compiled as at that date.
33. Sources of Association Funds
Funds for the administration of the Association shall be derived from:
(1) Affiliation fees
(7) Sale of goods.
(8) Profit of presentation night and social nights.
(9) Bonds imposed on members
(10) Fines imposed on members
34. Reserve Funds
No appropriation shall be made to or from any reserve fund of the Association except on a resolution carried by at least three-fourths of those present at a special meeting of the General Committee called for that purpose.
35. Payment of Fines and Moneys
(1) Notification of all fines and any other moneys owed by clubs to the Association shall be advised in writing and shall be forwarded to the secretary of the club concerned, from the information supplied to the Association pursuant to clause 7(1) or handed to the respective club delegate at a meeting of the General Committee.
(2) In any season, monies owed must be paid to the Association's Treasurer as follows:
- Amounts totalling less than $50, which are incurred prior to 1 December, must be paid by 31 December.
- Amounts totalling less than $50, which are incurred between 1 December and 15 February must be paid by 1 March
- All other outstanding amounts must be paid within 14 days of the issue of the notice.
(3) All monies must be paid within the appropriate time frame otherwise the Executive may suspend, disqualify or otherwise deal with an offending member.
(4) In the event of a query arising in respect of any amount levied notification must be made in writing to the Treasurer within the prescribed 14 days and payment must be made as provided herein pending consideration by the Executive of such query.
(5) No query will be considered by the Executive unless all moneys owed by the club to the Association have been paid.
An audit may be undertaken on the accounts if required by the act or at the request of the Executive. Should this be required a suitable Auditor shall be appointed by the Executive and shall on or before the 30th day of June in each year, audit and examine the financial records of the Association and if correct shall sign the same.
37. The Executive
The affairs of the Association shall be managed by a Committee of Management to be known as the Executive whose members are defined with this constitution. In the event the Executive considers it desirable to appoint any additional members, the Executive may appoint suitable persons who may or may not be an existing office-bearers.
(1) Normal Meetings
The Executive shall meet monthly unless it otherwise determines and shall be convened by the Secretary.
(2) Special Meetings
Special meetings of the Executive shall be convened by the Secretary upon receipt of a written requisition setting out the objects of such meeting and signed by not less than three members of the Executive or at the discretion of the President.
(3) Attendance at Meetings
A member not physically present at a meeting may be permitted to participate in the meeting by the use of technology that allows that member and the members present at the meeting to clearly and simultaneously communicate with each other. For this purpose, a member participating in a general meeting thus permitted is taken to be present at the meeting and, if the member votes at the meeting, is taken to have voted in person.
Four members shall form a quorum of any meeting and business shall not be proceeded with until such a quorum be present.
(5) Absence of Members
Any member being absent without leave from two consecutive meetings of the Executive shall forfeit their seat.
Minutes from Executive and other operational meetings are not available to members.
38. General Committee
After the annual general meeting the affairs of the Association shall be managed and controlled by a governing body to be called a General Committee, which consists of the office-bearers, life members, patrons, a representative of the Umpires’ Association, and delegates representing each club which has been admitted as a member of the Association
EXECUTIVE, OFFICE-BEARERS AND OPERATIONAL COMMITTEES
39. The honorary Executive of the Association shall consist of:
- A President.
- A Vice President.
- The following: Managers - Turf Section, Synthetic Section, any Aged Base Section(s),
40. Other honorary Office Bearers of the Association shall consist of but not limited to:
- Umpires Manager
- Grade Secretaries/Managers - The number of each of these office bearers will be at the discretion of the Executive but subject to nomination at the annual meeting.
- Others as required.
41. Election of Executive & Office-Bearers
(1) Nominations of candidates for election as Executive and office-bearers of the Association shall be made in writing, signed by two members or two delegates of the Association, and accompanied by the written consent of the candidate and shall be delivered to the Secretary not later than the 30th day of June in each year. A person who holds or takes up an Official Club Position is not eligible to be elected or remain as an Office Bearer. For the avoidance of doubt if a person who holds an Official Club Position nominates to be considered for election as an Office Bearer and is elected as an Office Bearer that person cannot take office as an Office Bearer until they have resigned from the Official Club Position. A copy of such resignation must be received by the Executive within 48 hours of the General Meeting at which the person is elected.
(2) Any Executive or office-bearer of the Association need not be a member of an affiliate club.
(3) If insufficient nominations are received to fill all vacancies, the candidates nominated shall be deemed to be elected and further nominations shall be received at the annual general meeting.
(4) If the number of nominations received is equal to the number of vacancies to be filled the persons nominated shall be deemed to be elected.
(5) If the number of nominations exceeds the number of vacancies to be filled a ballot shall be held.
(6) No person, other than the Vice President of the Association, may be elected or appointed to more than one vacancy on the Executive.
(7) Each officer of the Association shall hold office until the annual general meeting next after the date of their election but is eligible for re-election.
Any office-bearer may be removed from office for neglect of duty or misconduct, provided they shall only be so removed on a resolution passed by at least three fourths of the members present at the special meeting of the General Committee called especially to deal with the matter, and provided further that such resolution be confirmed by the members present at the next ordinary meeting of the General Committee.
43. The office of an office-bearer of the Association becomes vacant if the office-bearer:
- Ceases to be a member of the Association.
- Becomes insolvent
- Resigns from office by notice in writing to the secretary.
- becomes a represented person (under the Guardianship and Administration Act)
- or for the secretary, should they stop living in Australia
- removed from office in line with this constitution
- a statutory manager is appointed under section 116 of the act, to conduct the affairs of the association,
In the event of a casual vacancy in any office the Executive may appoint a replacement to the vacant office up to and including the conclusion of the annual general meeting next following the date of the appointment.
45. General Duties
(1) As soon as practicable after being elected or appointed to the Executive and Office Bearers must become familiar with these Rules and the Act.
(2) The Executive is collectively responsible for ensuring that the Association complies with the Act and that individual members of the Executive and Officer Bearers comply with these Rules.
(3) Executive members must exercise their powers and discharge their duties with reasonable care and diligence.
(4) Executive members must exercise their powers and discharge their duties—
- in good faith in the best interests of the Association; and
- for a proper purpose.
(5) Executive members and former Executive members must not make improper use of
- their position; or
- information acquired by virtue of holding their position so as to gain an advantage for themselves or any other person or to cause detriment to the Association.
46. Specific Powers and Duties
The Executive shall have the following powers and duties:
(1) To fix the number of grades of the Association, grade teams, arrange the annual fixtures and program of matches, and determine the general arrangements for semi-final and final matches.
(2) To deal with breaches of the Constitution and Rules and inflict all fines and penalties provided in the Constitution and Rules for any breach thereof, with power, if the circumstances warrant, to remit or reduce any fine or penalty and, if the Constitution and Rules do not prescribe any penalty, to impose such penalty by way of disqualification, suspension, fine, bond or otherwise as it may think fit.
(3) To determine the dollar value of a penalty unit at its first meeting each season.
(4) To examine, appoint and exercise general control over professional umpires.
(5) To deal with any business or matter referred to it by the General Committee.
(6) To deal with accounts and financial matters, with authority to authorise expenditure or incur liability for Association purposes and also with authority to pass for payment of all accounts received after the last meeting of the General Committee in each season.
(7) To deal with urgent business which may arise between meetings of the General Committee, subject to report at the next meeting of the General Committee.
(8) To deal with any other matter which the Constitution and Rules place within its province or which is considered to be in the best interests of the Association.
(9) To appoint, each season, a Disciplinary and Investigation Chairperson
(10) To appoint and discharge sub-committees to deal with any matter within the powers of the Executive, such sub-committees to consist of the Executive and any other person whom the Executive wishes to coopt.
(11) Subject to these clauses, the Regulations and the Act, to perform all such acts and things as appear to the Executive to be essential for the proper management of the business and affairs of the Association.
(12) Pass all accounts for payment.
(13) Grant honorariums.
47. Proceedings of Executive
(1) Questions arising at a meeting of the Executive or of any sub-committee appointed by the Executive shall be determined on a show of hands or, if demanded by a member, by a poll taken in such manner as the chairperson at the meeting may determine.
(2) Each member present at a meeting of the Executive is entitled to one vote and, in the event of an equality of votes on any question, the chairperson may exercise an additional or casting vote.
(3) Any resolution of the Executive may only be rescinded or amended by a two-thirds majority of those present.
(4) Should any question arise which is not provided for by these clauses or which relates to the interpretation of these clauses, the opinion of the Executive shall immediately be taken and acted upon. Subject to the provisions of the Act, any such opinion of the Executive shall be final and binding on all members
48. Duties of Office Bearers and or Committees
(1) President and Vice-President
- Subject to (b), the President or, in the President's absence, the Vice-President is the Chairperson for any general meetings and for any committee meetings and approve any minutes agreed to at meetings.
- If the President and the Vice-President are both absent, or are unable to preside, the Chairperson of the meeting must be a member (or Executive member) elected by the other members present
The Secretary must perform any duty or function required under the Act described to be performed by the secretary of an incorporated association and not limited to the following:
- responsible for lodging documents of the association with the Registrar.
- maintain the register of members
- keep custody of the common seal (if any) of the Association and, except for the financial records all books, documents and securities of the Association in accordance; and
- subject to the Act and these Rules, provide members with access to the register of members, the minutes of general meetings and other books and documents;
- perform any other duty or function imposed on the Secretary by these Rules.
- must give to the Registrar notice of his or her appointment within 14 days after the appointment.
- Prepare and maintain accurate minutes of all general and Executive meetings
- Manage the business of the Association as directed by the Association and/or the Executive.
- Deal with all correspondence of the Association and the Executive.
- Prepare an annual report of the affairs of the Association which shall be distributed amongst the members of the Association not less than 7 days prior to the annual general meeting.
- any other issues the Executive needs
- Keep the accounts of the Association.
- Collect and receive all moneys due to the Association and make all such payments authorised by the Association.
- Deposit all moneys received into an account in the name of the Association at such bank or financial institution as may be decided upon by the Executive.
- Issue receipts in respect to all moneys received.
- All payments, cheques, drafts, bills of exchange, promissory notes and other negotiable instruments are authorised by any two of the members of the Executive appointed for this purpose at the first Executive Meeting following the Annual General Meeting each year
- Not later than the 30th day of June in each year prepare an audited financial statement made up to the 31st day of May in each year to be presented for adoption at the annual general meeting.
- At any time upon the request of the Executive prepare an audited financial statement.
- Make available for inspection by any member the accounts referred to in paragraph (a).
(4) Turf and Synthetic Mangers
Each Manager will form and manage their Wicket Committee. Such committee will consist of the Manager, a number of Turf Grade Secretaries/Managers and any other person which the Executive wishes to co-opt and shall:
- Deal with all matters pertaining to their Section of the association. Any decisions are to be advised to the Executive at the next available opportunity.
- Recommend to the Executive, team promotions or relegation for their section of the ensuing season.
- Recommend to the Executive gradings and fixtures for the ensuing season.
- Select representative teams as required.
(5) Aged Based Manager(s)
Any aged based Manager(s) will form and manage a Committee and run their respective competition as detailed within this constitution.
(6) Grade Secretaries/Managers
- Participate in decisions which effect their section of the association, subject to any conflict of interest
- check team sheets and match reports for allocated grades
- confirm all premiership points for allocated grades.
- Advise the treasurer of fines and penalties to be issued for unregistered/unqualified players and late or incomplete match reports for allocated grades.
- Any other issues the respective Manager or Executive may require.
(7) Umpires’ Manager & Adviser
- Coordinate the appointments of umpires to the various fixtures as directed by the Executive.
- Recruit umpires to officiate at Association fixtures.
- Liaise with umpires in regard reports and cautions.
- Co-ordinate the training of umpires.
- Regularly report to the secretary on all matters pertaining to umpires.
An Umpires’ Adviser may be appointed by the Executive. The duties of the Umpires’ Adviser shall be to instruct and advise umpires in regards to the Laws of Cricket and the rules of the Association applying from time to time.
(8) Review Committee
Shall consist of the Vice President, the Turf Section Manager, the Synthetic Section Manager, Age based Section Managers plus any other person which the Executive wishes to co-opt. Any three members shall constitute a quorum and business shall not proceed until such quorum is present.
The Review Committee shall:
- Hear appeals by member, clubs or individuals in regard decisions made by the Disciplinary/Investigation Committee.
- Hear appeals by clubs in regard decisions on match protests or disputes made by the various Committees.
- Deal with major issues as directed by the Executive.
49. Amendment of Statement of Purposes and of Constitution or Rules
The Statement of Purposes, the Constitution and the Rules of the Association shall not be altered in any way except upon resolution by members of the Association at a special meeting of the General Committee held in the following manner:
(1) A special meeting to consider proposed changes to the Statement of Purposes, the Constitution and the Rules of the Association shall be held in July each year unless otherwise determined by the Executive.
(2) Any club desiring to repeal, alter or make additions to the existing Statement of Purposes, Constitution or Rules of the Association shall advise the Secretary, in writing, of the details of the alterations and additions and the reason for them, by no later than April 30 in each year.
(3) The Secretary shall give at least 21 days notice to all office-bearers, life members and clubs of the Association of alterations and/or additions proposed by the Executive or by clubs to the Statement of Purposes or Constitution or Rules, complete with reasons for such change and the date and time of the special meeting.
(4) Any alterations, additions or recisions to the Statement of Purposes and the Constitution shall require a three quarter majority of members present and entitled to vote and shall not become effective until the next annual meeting and until notice thereof has been filed with the Registrar of the Incorporated Associations’ office in accordance with the Act
(5) Alterations, additions or recisions to the playing rules require a simple majority of members present and entitled to vote and shall become effective following confirmation at the next annual or General Committee meeting.
(6) Any technical or typographical error in any such proposed amendment may be adjusted without the approval of the special meeting.
50. The Common Seal shall not be affixed to any instrument except by the authority of the General Committee and the affixing of the Common Seal shall be attested by the signatures of any two of the following: the President of the Executive, the Secretary, the Treasurer or the Vice President
51. If in the opinion of the Executive a conflict exists between this Constitution and Rules, and those of Cricket Victoria (including the Laws of Cricket as adopted and interpreted by Cricket Victoria (from time to time) the Constitution and Rules of the Association shall prevail and the Executive shall have power to act accordingly.
52. Winding Up
(1) The Association may be wound up voluntarily by special resolution passed by a three fourths majority of the persons present who are entitled to vote.
(2) In the event of the winding up or the cancellation of the incorporation of the Association, the surplus assets of the Association must not be distributed to any members or former members of the Association.
(3) Subject to the Act and any court order made under section 133 of the Act, the surplus assets must be given to a body that has similar purposes to the Association and which is not carried on for the profit or gain of its individual members.
(4) The body to which the surplus assets are to be given must be decided by special resolution.
53. If any direction of the Association has not been complied with within the time specified therefore, the Executive is empowered to take such action as it deems fit.
54. Any question which arises which is not specifically provided for in this Constitution and Rules, or if any question arises as to the interpretation of any clause or rule, the opinion of the Executive shall be taken and acted upon, and its decision shall be final.
(1) All forms and communications addressed to or by the Association must be either typewritten or written in ink.
(2) A notice may be served by or on behalf of the Association upon any member club by sending it to the contact point of the member referred to in clause 7(1) hereof.
(3) Where a document is properly addressed, pre-paid and forwarded to a person, the documents shall, unless the contrary is proved, be deemed to have been given to the person at the time at which the document would have been delivered in the ordinary course of time.
The General Committee shall have power, from time to time, to make by-laws not inconsistent with the Constitution of the Association. At least seven days’ notice, in writing, of a proposed by-law must be given to each member and any by-laws so made shall be binding on all office-bearers, clubs, teams, delegates, umpires and players.
57. Life Members and Patrons
The Association may elect as an honorary life member or patron any person who has rendered special service to the Association or to the game, provided no life member or patron shall be so elected except on a resolution carried by at least three-fourths of those present at the annual general meeting. Life members shall subject to Clause 26(1) have all rights and privileges of delegates to the Association.
AGE BASED SECTIONS
58. Age Based Competitions
(1) The Association shall provide competitions for players of such age groups, on the recommendation of the aged based executives, as from time to time the Executive shall think fit.
(2) The Executive in each season shall delegate to the respective age based Section(s), constituted in accordance with these clauses, all of its powers and functions with respect to the administration and control of age based competition(s) conducted under the auspices of the Association.
(3) The respective age based Section Rules, in addition to governing the conduct of age based competitions, may specify the procedure to be followed in proposing and considering amendments of the Section Playing Rules, provided such procedure is not inconsistent with the time limits as specified in clause 49.
59. Age based Section Members
(1) The members of the age based Section shall be the office-bearers of the respective age based Section and one delegate from each affiliated club which has entered a team in the respective age based competitions of the Association.
(2) Each delegate shall be a person qualified to be such within the meaning of the respective age based Section.
60. Aged Based Executives
The affairs of the age based Section(s) shall be managed by a dedicated committee of management and shall.
(1) Control and manage the business and affairs of the respective age based Section(s) and may, subject to these clauses, the Regulations and the Act, exercise all such powers and functions as may be exercised by the Association in connection therewith other than those powers and functions that are required by others as specified in this constitution.
(2) Deal with disputes, complaints, charges, reports, protests, appeals, enforcement of fines and application for clearances .
(3) In the case of an emergency or urgency, exercise any powers or functions required by these clauses to be exercised by a general meeting of the respective age based Section provided that it shall report such action to the next succeeding general meeting; and subject to these clauses, the Regulations and the Act, has power to perform all such acts and things as appear to the respective age based Executive to be essential for the proper management of the business and affairs of that Section.
61. The age based Executive(s) shall consist of the office-bearers of the respective Section each of whom shall be elected at the annual meeting of the respective Section in each year with the exception of the Aged Based Manager who shall be elected at the annual general meeting of the Association.
62. Age Based Executive Proceedings
(1) The respective Executive(s) shall meet at a minimum of 2 times in each year at such place and such times as each Executive may determine.
(2) The provisions of clause 37 in so far as they are applicable and with the necessary modifications apply to and in relation to proceedings of the respective age based Executive provided that the quorum for the transaction of business of a meeting of the age based Executive(s) shall be three.
The office-bearers of the Aged Based Section(s) shall consist of:
(1) A Section Manager
(2) One or more Administrators
(3) Grade Managers; such numbers as required by the relevant Executive.
(4) Any other position as determined by the respective Executive(s)
64. Election of Aged based Office Bearers
(1) Office-bearers of the respective age based Section shall be elected in accordance with theprovisions of clause 41 in so far as they are applicable and with the necessary modifications in relation to the age based Section.
(2) The Association or respective aged based Section in general meeting may by resolution remove any member of an age based Executive before the expiration of the term of his/her office and appoint another member in his/her stead to hold office until the expiration of the term of the first-mentioned member.
(3) In the event of a casual vacancy in any office an age based Executive may appoint a member of the respective Section or a suitable person nominated by an age based Section member and endorsed by the Executive to the vacant office and the member so appointed may continue in office up to and including the conclusion of the annual meeting of the Aged based Section next following the date of such appointment.
(4) Each member of an age based Executive shall, subject to these clauses, hold office until the annual meeting of the respective Section next after the date of his/her election but is eligible for re-election.
65. Duties of Aged based Office Bearers
(1) Section Manager(s)
- Chair and conduct all meetings of the respective age based Section(s) including the Annual General Meeting, Special Meetings, Delegates’ Meetings and Executive Meetings.
- Attend all meetings of the Senior Section and provide reports on all the respective section(s) activities.
- Represent the ECA on the various Cricket Victoria Regionals and report back to the respective age based and Senior sections following meetings.
- Provide an annual Financial Budget to the Senior Section, outlining fee recommendations to adequately fund the respective age based Section operational expenses including development reimbursements and grants each season.
shall perform such tasks as delegated by the respective age based executive from the following:
- Manage the business of their respective section or a part of the section as directed by either the Association or the respective age based Executive.
- Deal with all correspondence of the respective Section and its Executive.
- Prepare an Annual Report of the affairs of the respective Section.
- Participate in a Sub Committee comprising of all Age Level or Grade Managers and administrators to meet and arrange fixtures and gradings prior to the commencement of each season and consider requests for regrading during the season as required. The chairman of the sub committee to be appointed by the respective age based executive.
- Participate in a Sub Committee comprising of three (3) nominated members of the respective Executive to meet prior to the end of the season and as required to arrange the Annual Presentation Night and Awards
(5) Grade Managers
- Be responsible for all matters pertaining to their respective age level grades Administrators as required.
- Report on all matters and issues relating to their age level grades to all aged Section Meetings.
- Participate in a Sub Committee comprising of all Age Level Managers and administrators to meet and arrange fixtures and gradings prior to the commencement of each season and consider requests for regrading during the season as required. The chairman of the sub committee to be appointed by the Aged based executive.
- Issue any fines and penalties to clubs, as needed.
- Check that Team Sheets and Match Reports are entered within the required time limits.
- Confirm results and points allocation after each home and away round for all teams in their grade(s).
- Confirm player eligibility with the respective Administrators.
- Issue fines and penalties for unregistered/unqualified players and late or incomplete online match reports to defaulting clubs as defined within the rules.
66. (1) The age based Section(s) shall, in each calendar year, convene an annual meeting of its members to be held on such day as the respective age based Executive(s) determines, but not later than the last day in August in each year.
(2) The respective Administrator shall cause notice of the place, date and time of the annual meeting to be given to each member at least 7 days before the date of such meeting
ORDINARY GENERAL MEETINGS
67. (1) Ordinary general meetings of the age based Section(s) shall be held during the season as specified in the respective Section Rules.
(2) Notice of the place, date and time of any ordinary general meeting may be given to all Section members.
68. (1) The age based Section(s) shall, on the requisition in writing signed by not less than seven members of the respective Section and specifying the object of the meeting, and at any time on the requisition of the respective Executive, shall convene a special meeting of the Section.
(2) Subject to clause 49, the Administrator shall cause notice of the place, date and time of any special meeting of a section to be given to each member at least seven days before the date of such meeting.
69. The provisions of clause 30 in so far as they are applicable and with the necessary modifications for the respective Section shall apply to all meetings provided however that the quorum for the transaction of business at a meeting of the Section shall be twelve and any reference in clause 30 to the “President” shall read as a reference to the respective age based Section Manager
APPLICATION FOR AFFILIATION
70. Application from any cricket club desiring affiliation with the respective age based Section by entry of any team in an age based competition of the Association shall be received in writing by the Association through the respective Section not later than the 15th day of September in each year provided that, in special circumstances, the Association may on the recommendation of the respective age based Executive accept late entries.
71. All financial arrangements pertaining to the age based Sections, including without limitation the setting and collection of the annual affiliation fee in accordance with clause 8 shall be dealt with by the Association.