ARTICLES OF ASSOCIATION OF AUSTRALIAN TRACK AND FIELD COACHES ASSOCIATION
ACN 063 811 147
1. The following shall have the meanings respectively assigned to them herein unless there be something in the subject or context inconsistent therewith:
(a) “by-laws” and “rules” means by-laws and rules made pursuant to these any year;
(b) “financial year” means a period of 12 months commencing on 1 January in any year;
(c) “Honorary Life Member” means a person conferred with honorary life membership pursuant to Article 4;
(d) “Honorary Special Member” means a person conferred with honorary special membership pursuant to Article 5;
(e) “Member” means a member of the Association in accordance with the provisions of these Articles;
(f) “President”, “Vice President”, and “Administrative Secretary” mean those respective officers from time to time of the Association;
(g) “Registered Address” means the address of a member or branch as shown in the register of Members and branches of the Association;
(h) “special resolution” has the meaning ascribed thereto by the Law;
(i) “the Articles” means these Articles of Association as altered or added to from time to time;
(j) “the Association” means the Australian Track and Field Coaches Association;
(k) “the Board of Management” means the Board of Directors of the Association for the time being or such of them as have authority to act for the Association;
(l) “the Law” means the Corporations Laws of New South Wales;
(m) “writing” or “written” includes printing, typing, lithography and other modes of reproducing words in a visible form;
(n) words which are given a special meaning by the Law shall have the same meaning in these Articles;
(o) a reference to the Law or any section thereof shall be read as though the words “or any statutory modification thereof or any statutory provision substituted therefor” were added to such reference;
(p) words importing the singular include the plural and vice versa and the masculine includes the feminine.
2. Membership of the Association shall be of three categories:
(a) Ordinary Members, the number of which shall be unlimited;
(b) Honorary Special Members, the number of which shall be limited at the Association’s discretion;
(c) Honorary Life Members elected in accordance with article 4.
3. The Association shall establish a branch in each of the States and mainland Territories of Australia. Each member of the Association shall be deemed to be a member of the branch in the state or territory in which he normally resides, unless otherwise decided by the Executive Committee.
4. Honorary Life Membership may be conferred by the Association in annual general meeting upon any member who has rendered exceptional service to the Association. A two thirds majority of those attending and entitled to vote at the annual general meeting is required for election in accordance with the procedure laid down by the by-laws. No membership fee, subscription, levy or contribution to the winding up of the Association shall be payable by any Honorary Life Member. Honorary Life Members shall be entitled to receive notices to attend, be heard and vote at all general meetings of the Association but not at Executive or Committee meetings.
5. Honorary Special Membership may be offered by the Association in accordance with the by-laws to persons whom it deems have or may be able to contribute to achieving the objects of the Association but who are not accredited coaches or currently not ordinary members of the Association. No membership fee, subscription, levy or contribution to the winding up of the Association shall be payable by any Honorary Special Member. Honorary Special Members shall be entitled to receive notices to attend and be heard but not to vote at all general meetings of the Association.
6. Each applicant for Ordinary Membership shall possess the qualifications, and complete the application procedures as may from time to time be prescribed by the Rules of the Association.
7. A person shall cease to be a member if that person:
(b) resigns from that membership;
(c) fails to pay the annual membership subscription within 3 months of the subscription falling due;
(d) fails to renew the membership within 3 months of commencement of the relevant financial year; or
(e) is expelled from the association.
FEES, DUES AND LEVIES
8. Every Ordinary Member shall pay to the Association such annual subscription fee as shall have been determined at each Annual General Meeting for that year. Such fees shall be due and payable on the first day of January in each year.
9. The Association shall have authority, upon a resolution at a General Meeting, to levy each Ordinary Member or certain Members with such sums, not exceeding twenty dollars, as may be necessary or required to provide funds for special projects or activities.
10. An annual general meeting of the Association shall be held at such time and place as may be determined by the Board of Management, but unless in its opinion there are special reasons why it should not, it shall normally be held during or near the holding of the Australian Track & Field Championships.
11. The agenda of the annual general meeting shall be as provided in the Rules.
12. (a) All meetings of the Association other than the annual general meeting shall be called general meetings, and the agenda shall be as provided in the Rules.
(b) The President, or Board of Management whenever they think fit, or upon the written request of at least three branches or fifty ordinary members, shall forthwith convene a general meeting of the Association.
13. (a) In the case of any general meeting at least thirty clear days’ notice in writing shall be given to each branch specifying the date, time and place of the meeting together with the agenda which shall specify the general nature of any special business.
(b) Accidental omission to give notice of a general meeting, or the non receipt of a notice by any person entitled to receive same shall not invalidate proceedings thereat.
14. No business shall be transacted unless representatives of the members of at least five branches entitled to be represented are present at the time when the meeting proceeds to business which shall be within 60 minutes of the scheduled starting time of the meeting. If a quorum is not present the meeting shall be adjourned to the same time and place on the following day, and if within 15 minutes of such time a quorum is not present, those present and entitled to vote may transact the business for which the meeting was called.
15. The President or, in his/her absence, a person chosen by those present and entitled to vote shall act as Chairman of each general meeting.
16. (a) At any general meeting a maximum of two ordinary members chosen by the members of each branch shall be entitled to vote. If only one member is representing a branch he shall be entitled to exercise one vote.
(b) The chairman shall be entitled to a deliberative vote as well as a casting vote.
BOARD OF MANAGEMENT
17. The control and direction of the Association and the management of its property and affairs between general meetings shall be vested in the Board of Management.
18. The Board of Management shall comprise the following persons:
(b) Director for Administration
(c) National Coaching Convenor (2004, name change – High Performance Manager)
(d) Director for Sponsorship and Marketing
(e) Director for Finance
(f) Track and Field Coordinator at the Australian Institute of Sport
(g) A Representative of Australian Little Athletics
(h) National Director of Coaching of Athletics Australia
19. The Board of Management shall meet at least four times in each calendar year on dates determined at the immediately preceding annual general meeting.
20. The management of the property and affairs of the Association between meetings of the Board of Management shall be vested in an Executive Committee comprising:
(b) Director for Administration and Director for Finance.
21. The Executive Committee shall meet as and when necessary.
22. (a) The President, Director for Administration, Director for Sponsorship and Marketing, and Director for Finance shall be elected at the annual general meeting.
(b) A Vice President shall be elected by the Board of Management at the conclusion of the annual general meeting from amongst elected directors.
23. The Board of Management shall be responsible for the employment of personnel to fill the positions of Administrative Secretary and the National Coaching Convenor and the determination of employment conditions.
24. All officers and members of the Board of Management shall be financial members of the Association, or representatives of Athletics Australia or Australian Little Athletics.
25. The Board of Management shall, pursuant to the By-laws of Athletics Australia, act as the Coaching Commission of Athletics Australia.
26. The Executive Committee may appoint any member of the Association to fill any vacancy arising between annual general meetings.
27. All officers and Committee Members shall hold office until their successors are elected and shall have the duties and responsibilities prescribed in the Rules.
28. The financial year of the Association shall be from January 1st to December 31st.
29. The Association shall observe the provisions of the Law in relation to the appointment of an auditor or auditors.
30. (a) The Board of Management shall provide and adopt a Common Seal of the Association and shall have power from time to time to destroy the same and to substitute a new Common Seal in its place. The Common Seal shall be kept under such custody and control as the Executive Committee shall provide.
(b) The Common Seal shall not be affixed to any document except pursuant to a resolution of the Executive Committee and every document to which the seal is affixed shall be witnessed by two members of the Executive Committee who shall respectively sign every such document.
ALTERATIONS TO ARTICLES
31. No alteration shall be made to these Articles except by special resolution passed with a two thirds majority at a general meeting of the Association.
32. Any notice required by the Law or these Articles to be given to a Branch or Member may be given by sending it by post in a prepaid envelope addressed to its Registered Address. Any notice so posted shall be deemed to have been served at the expiration of twenty-four hours after posting and in proving service shall be sufficient to prove that the envelope or wrapper containing the notice was properly addressed and posted.
33. Every member of the Board of Management and every agent, auditor, secretary and other officer for the time being of the Association shall be indemnified out of the assets of the Association against any liability incurred by him arising out of the execution of the duties of his office in defending any proceedings, whether civil or criminal, in which judgment is given in his favour or in which is acquitted or in connection with any application under the Law in which relief is granted to him by the Court in respect of any negligence, default, breach of duty or breach of trust.
AUSTRALIAN TRACK AND FIELD COACHES ASSOCIATION GENERAL RULES
ACN 063 811 147
1. QUALIFICATIONS FOR ORDINARY MEMBERSHIP
Ordinary membership shall be open to any person interested in any area of endeavour related to the coaching task. There shall be no requirements for any applicant to be an accredited coach.
The Executive Committee shall have power to reject any application for membership in its discretion.
2. APPLICATIONS FOR ORDINARY MEMBERSHIP
All applications for ordinary membership shall be made annually and shall:
(a) be made on the registration form approved by the Executive Committee from time to time;
(b) be directed to the Administrative Secretary of the Association;
(c) be accompanied by the annual membership fee prescribed by the Association for the relevant year.
3. ANNUAL MEMBERSHIP PROCEDURES
Annual membership of the Association shall be renewable on the first day of January in each year and shall be valid until the thirty-first day of December of the same year. Application shall be made in the manner prescribed in Rule 2. The following administrative procedures shall apply:
(a) the Administrative Secretary shall send renewal notices to all current members by no later than the fifteenth day of December in each year;
(b) the Administrative Secretary shall forward notification of membership renewals together with applicable fees to the Branch Registrar within thirty days of the receipt of the same;
(c) approval of annual membership will be acknowledged by the sending by the Administrative Secretary of the Membership Card and Badge to the applicant.
4. HEARINGS AND DISCIPLINARY MATTERS
(1) Where the Board receives a complaint or otherwise suspects that a member of the association:-
(a) has refused or neglected to comply with the provisions of these Rules or the Code of Ethics
(b) has wilfully acted in a manner prejudicial to the interests of the Association;
(c) has acted in a manner which may bring the member or the Association into disrepute;
the Board may by resolution:
(d) expel the member from the association; or
(e) suspend the member from membership of the association for a specified period
(2) A decision of the Board under Clause (1) is of no effect unless the Board, at a meeting not earlier than 14 days and not later than 28 days after the service on the member of a notice under Clause (3), confirms the decision in accordance with this Rule.
(3) Where the Board decides to expel or suspend a member pursuant to clause (1) the secretary shall, as soon as practicable, cause a notice in writing to be served on the member:-
(a) setting out the decision of the Board and the grounds on which it is based; and
(b) stating that the member may address the Board at a meeting to be held not earlier than 14 days and not later than 28 days after service of the notice;
(c) stating the date, place and time of that meeting; and
(d) informing the member that the member may do either or both of the following:-
(i) attend and speak at the meeting; and
(ii) submit to the Board prior to the date of that meeting or produce at the meeting written representations relating to the decision.
(4) At a meeting held as referred to in clause (3), the Board shall
(a) give to the member an opportunity to make oral representations;
(b) give due consideration to any written representations submitted to the Board by the member at or prior to the meeting; and
(c) by resolution determine whether to confirm or to revoke the decision
(5) Where the Board confirms the decision under clause (4) the secretary shall, within 7 days after that confirmation, by notice in writing inform the member of the fact and of the member’s rights of appeal under Rule 4A.
(6) A decision confirmed by the Board under clause (4) does not take effect:
(a) until the expiration of the period within which the member is entitled to appeal against the decision where the member does not exercise the right of appeal within that period; or
(b) where within that period the member exercises the right of appeal, unless and until the association confirms the decision pursuant to rule 4A(4).
4A RIGHT OF APPEAL OF DISCIPLINED MEMBER
(1) A member may appeal against a decision of the Board which is confirmed under rule 4(4), within 14 days after receiving notice of the decision, by lodging with the secretary, a notice of appeal.
(2) Upon receipt of a notice of appeal from a member under clause 4A(1), the secretary shall notify the Board which shall appoint an Appeals Committee and the secretary shell convene a meeting to be held within 21 days after the date on which the secretary received the notice of appeal, at the capital city of the State or territory in Australia where the member resides at the time of lodging the appeal.
(3) At a meeting of the Appeals Committee convened under clause 4A(2):
(a) no business other than the question of the appeal shall be transacted;
(b) the Board, or its delegate and the member shall be given the opportunity to state their respective cases orally ar in writing, or both; and
(c) the Appeals Committee shall determine by a unanimous or majority vote whether the decision should be confirmed or revoked;
(d) the Appeals Committee shall notify the Board and the member of its decision which shall be binding on the Board and the 7.4.98 member.
5. AGENDA OF THE GENERAL MEETINGS
(a) The agenda of the Annual General Meeting shall be as follows:
1. Present and Apologies
2. Minutes of the previous Annual General Meeting
3. Business arising therefrom
4. Reports of the President, Director for Administration, National Coaching Convenor, Director for Sponsorship and Marketing
5. Presentation and approval of Annual Financial Statement
6. Election of (a) President
(b) Director for Administration
(c) Director for Sponsorship and Marketing
(d) Director for Finance
7. Appointment of Auditor
8. Consideration of motions to amend Memorandum, Articles or Rules
9. Determination of annual subscription fee
10. Consideration of motions under Article 1
(b) The agenda of any other general meeting shall be as follows:
1. Present and Apologies
2. Minutes of any previous general meeting
3. Business arising therefrom
4. Consideration of motions to amend Memorandum, Articles or Rules
5. Consideration of motions under Article 13
(c) In special circumstances the Chairman may permit other items of business.
6. ADMINISTRATION OF BRANCHES
Each Branch shall:
(a) elect annually a Committee comprising a President, Secretary, Treasurer, two Delegates to the Association’s Annual General Meeting, and such other committee members (who may be elected to fulfil a specific portfolio) as the branch may decide;
(b) conduct an annual general meeting;
(c) conduct a minimum of 8 Branch Committee meetings each calendar year to transact branch business unless another arrangement has been approved by the Board of Management of the Association;
(d) keep account of any Branch funds, details of which shall be forwarded at least quarterly to the Director for Finance;
(e) conduct Orientation to Coaching and Level I Accreditation Courses and coach education programmes as required by the Association;
(f) submit for the approval of the Board of Management By-laws for the administration and management of the Branch.
7. PROCEDURES FOR NOMINATIONS AND ELECTIONS
(a) Nominations for all elected positions (President, Board of Management, Hon. Auditor) of the Association shall be in the hands of the Administrative Secretary at least 21 days prior to the Annual General Meeting. All nominations and statements of their qualifications shall be circulated to Branch Secretaries at least 14 days prior to the Annual General Meeting.
(b) Candidates must be nominated and seconded by a member of the Association.
(c) All elections for which there are more nominations than positions to be filled shall be conducted by secret ballot.
(d) Ballot papers shall be prepared in advance of the meeting.
8. DUTIES AND RESPONSIBILITIES OF OFFICERS
All officers of the Association shall hold office until their successors are elected or appointed. All elected officers shall be eligible for re-election. The Administrative Secretary and the National Coaching Convenor are not eligible for elected positions.
(a) President – The President shall preside at all meetings of the Association and shall have a deliberative as well as a casting vote.
(b) The Vice President – The Vice President shall preside at any meeting of the Association in the absence of the President and shall have all the powers that the President could have exercised had he been present. In the absence of both the President and the Vice President the officers present shall elect one of their members to act as chairman.
(c) The Director for Administration – The Director for Administration shall be responsible for the administration of the Association.
(d) The Director for Sponsorship and Marketing – The Director for Sponsorship and Marketing shall be responsible for seeking sponsorship, the servicing of sponsors, marketing A.T. & F.C.A. products such as manuals, publications, clothing etc.
(e) The Director for Finance – The Director for Finance shall be responsible for all financial matters, e.g. keeping of accounts and preparation of budgets.
9. STANDING COMMITTEES
There shall be Standing Committees as provided in this General Rule. They shall hold office until successors are elected or appointed.
(a) A President’s Committee comprising President, National Coaching Convenor and a National Coaching Consultant appointed by the Board of Management. Its duties shall be (i) to recommend to Athletics Australia coaches for appointment to Australian teams; (ii) to make other nominations and appointments as may be from time to time necessary.
(b) A Technical Committee comprising one National Consultant (Chairman),National Coaching Convenor, each Event Group Coordinator, the Track and Field Coordinator at the Australian Institute of Sport, and the National Director of Coaching of Athletics Australia. The National Consultant is to be appointed by the President’s Committee at the conclusion of the Annual General Meeting. Its duties shall be to make recommendations to the Board of Management in respect of all technical matters pertaining to coaching.
(c) A Secretaries Committee which shall comprise the Director of Administration (Chairman), Administrative Secretary, and each Branch Secretary. Its duties shall be to make recommendations to the Board of Management in respect of all administrative matters pertaining to the administration of the Association.
(d) A Quality Control Committee which shall comprise the National Coaching Convenor (Chairman), Track and Field Coordinator at The Australian Institute of Sport, and one National Consultant. The National Consultant is to be appointed by the President’s Committee at the conclusion of the Annual General Meeting. Its duties shall be to make recommendations to the Board of Management for selection of coaches seeking Level II and Level III Accreditation; for all aspects of examination standardisation.
(e) Appeals Committee, which shall comprise three persons appointed from time to time by the Board to hear and determine an appeal of a member pursuant to Clause 4A(1) hereof. It is not necessary for a person to be a member of the Association to be eligible to be appointed to the Appeals Committee.
10. ALTERATIONS TO MEMORANDUM ARTICLES OR RULES
(a) Subject also to the provisions of the Memorandum and Articles, a motion to amend the Memorandum and Articles of the Rules shall be specific and shall refer to the article, clause and/or paragraph concerned specifying the words to be deleted and the words if any, to be inserted.
(b) Amendments to the Memorandum and Articles may only be effected as provided in the Memorandum and Articles.
(c) Amendment to the Rules formulated under the Articles of Association may be effected at any annual or general meeting of the Association convened inter alia for that purpose and only by at least a two thirds majority of those attending and entitled to vote.