Name – The name of the association shall be:- “The Central Wimmera Tennis Association Incorporated”

1.   Members – The members of the association shall be such clubs within the district of Horsham as have applied for and been admitted to membership as bona-fide tennis clubs by the Executive Committee of the Association, and are otherwise qualified for membership according to the rules. All clubs must be affiliated with Tennis Victoria.

2.   Register – The Association secretary shall keep a record of all members of the Association in a book provided for that purpose.

3.   Source of Association Funds – The funds of the Association shall be derived from the team entrance fees, sale of fixture book advertising, and other such sources as the committee determines.

4.   Executive Committee – Appointment – At the annual meeting of the Association, the council shall select officers consisting of : President, two vice-presidents, secretary, assistant secretary, treasurer, senior recorder and shall also elect five (5) other persons, who with the officers shall constitute the Executive Committee. Nominations for all positions to be called six (6) weeks prior to the date of the annual meeting. All nomination forms must be signed by the nominee, proposer, seconder and lodged with the secretary fourteen (14) days prior to the annual meeting with a maximum of two (2) nominated members per club. If enough nominations are not received to fill all positions then nominations may be received from the floor. Such elections may be made by the council from either within or without its personnel. The executive shall hold office until the next succeeding annual meeting of the council, provided that should any member resign or fail to attend three (3) consecutive meetings of the Executive Committee, without leave of such committee, his or her seat thereon shall be declared vacant and the said committee may appoint another person thereto.

5.   (a) The procedure of Association Meetings and Executive Meeting Quorum – At all meetings of the Association a quorum shall consist of not less than one quarter, and executive meetings not less than five of the persons entitled to be present and vote there at – provided that if at any meeting a quorum not be present within 30 minutes of the appointed time the meeting shall stand adjourned to such time and date, not less than 10 days hence as the persons present shall decide, and the secretary shall give to all members clubs and officers not present shall decide, and the secretary shall give to all members clubs and officers not present at the meeting 7 days notice of such adjourned meeting. At any such adjourned meetings, the delegates and officers present shall form a quorum.

(b) Council meeting-notice – That the secretary shall give to all member clubs and officers at least fourteen (14) days notice in writing of all meetings of the Council or Executive. The fourteen (14) days to be taken from the date of dispatch of the notification.

(c) Council meetings-when held – Except as provided in these rules for the holding of the Annual General Meeting of the Association, meetings of the council shall be held in April of each year. That any club failing to have a representative in attendance at the CWTA annual meeting, be fine $50.00

(d) Notice of Motion for Amendment to or Addition to the Constitution or by-laws of the Association – Be given in writing to the secretary of the association at least fourteen days prior to the annual meeting, and the secretary of the association be required to give all clubs affiliated with CWTA at least seven (7) days notice in writing if any notice of Motion to be tabled at the annual meeting.

6.   Records, Accounts and Audits – The funds of the association shall be under control of the Executive Committee, and unless otherwise determined by that committee, shall be banked in an account in the name of the association. Cheques need to be signed by any two of, President, Secretary, Treasurer. Proper records of the financial affairs of the association shall be kept by the Treasurer, and such shall be at all times open to inspection by the members and auditors.

7.   Amendment of Rules – The rules of the association and statement of purposes shall be subject to repeal or alteration, with a concurrence of majority of the delegates that vote, at a meeting at which due notice has been given to all members.

8.   The Common Seal of the Association shall be kept in the custody of the Secretary – The common seal shall not be affixed to any instrument except by the authority of the committee and the affixing of the common seal shall be attested by the signature of two members of the committee of one member of the committee and the public office of the association.

9.   Records – Minutes of all meetings of the council and the Executive Committee shall be entered by the Secretary in books provided for that purpose.

10. Custody of Books and Other Documents – Except as otherwise provided in these rules, the secretary shall keep in his custody or under his control, all books, documents and securities of the association.

11. Winding up – In the event of the winding up or the cancellation of the incorporation of the association, the assets of the association shall be disposed of in accordance with the provision of the act.

12. Disputes and Mediation

1.   The Grievance procedure set out in this rule applies to disputes under these rules between –

(a)    a member and another member; or

(b)    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 day, hold a meeting in the presence of a mediator.

4.    The mediator must be –

(a)    a person chosen by agreement between the parties or;

(b)    in the absence of agreement –

•    in the case of a dispute between a member and another member, a person appointed by the committee of the Association; or

•    in the case of a dispute between a member and the Association, a person who is a mediator appointed or employed by the Dispute Settlement Centre of Victoria (Department of Justice)

5.    A member of the Association can be a mediator.

6.    The mediator cannot be a member who is a party to the dispute

7.    The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.

8.    The mediator, in conducting the mediation, must –

(a)   give the parties to the mediation process every opportunity to be heard; and

(b)   allow due consideration by all parties of any written statement submitted by any party; and

(c)   ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.

9.    The mediator must not determine the dispute.

10.  If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.

 

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