1. Name of Association
The name of the incorporated association is of Elite Development Foundation Incorporated.
2. Objects of the Association
The Association is established for the primary purpose of promoting and managing the sport of basketball. The Objects include:
- To operate as a member of Basketball ACT and uphold the rules and rulings of Basketball Australia.
- To provide a structured environment for the education, development, and enjoyment of basketball for all ages and skill levels.
- To ensure the safety and welfare of all participants by adopting the National Integrity Framework (NIF).
- To act in the best interests of the sport and the local community through fair play and transparency.
3. Powers of the Association
The Association has the legal capacity and powers of an individual as granted under the Act. This includes the power to:
- Open and operate bank accounts and enter into financial arrangements for the club’s benefit.
- Employ or contract staff and officials to assist in the delivery of basketball programs.
- Enter into leases or licenses for court hire and administrative space.
- Do all such other things as are incidental or conducive to the attainment of the Objects.
4. Membership Provisions
Membership is open to any person who supports the Objects of the Association and agrees to be bound by its rules.
- Categories: The board may establish categories such as Junior, Senior, and Life Membership.
- Application: Membership is confirmed upon the completion of registration and payment of fees through the designated digital platform.
- Liability: The liability of a member to contribute towards the payment of the debts and liabilities of the association is limited to the amount (if any) unpaid by the member in relation to membership fees.
5. The Committee (Governance)
The affairs of the Association shall be managed by a Committee (The Board) elected at the Annual General Meeting.
- Composition: The Committee shall include the Executive (President, Vice President, Treasurer, and Secretary) and ordinary members.
- Duties: Committee members must act with reasonable care and diligence, in good faith, and for a proper purpose, avoiding any conflicts of interest.
6. Compliance with National Integrity Framework
The Association explicitly adopts the Basketball Australia National Integrity Framework (NIF) in its entirety.
- Policies: This includes, but is not limited to, the Child Safeguarding Policy, Member Protection Policy, and Anti-Doping Policy.
- Priority: In the event of any inconsistency between this Constitution and the NIF on matters of integrity, the NIF shall prevail to the extent permitted by law.
- Vulnerable Persons: The club is committed to the safety of children and vulnerable people as a primary governance priority.
7. General Meetings and Voting
The Association must hold an Annual General Meeting (AGM) once every calendar year to report to members.
- Quorum: No business shall be transacted at a meeting unless a quorum of members is present (>50% of voting members).
- Notice: Members must be given at least 21 days’ notice for an AGM or Special General Meeting where a special resolution is proposed.
- Voting: Every member has one vote, and in the case of an equality of votes, the Chairperson shall have a second or casting vote.
8. Financial Management and Record Keeping
All funds of the Association must be deposited into the Association’s account at a financial institution.
- Records: The Treasurer must keep correct accounts and records of the financial transactions of the Association.
- Inspection: Records, books, and other relevant documents of the Association must be available for inspection by a member upon reasonable request.
- Audit: If required by the Act based on revenue thresholds, the accounts must be audited or reviewed by a qualified person before the AGM.
9. Grievance and Dispute Resolution
The Association shall have a procedure for handling grievances between members, or between a member and the Association.
- Natural Justice: Any disciplinary process must follow the principles of natural justice, ensuring the accused party has a right to be heard. (See Dispute Resolution Process Guidlines)
- Mediation: If a dispute cannot be resolved internally, the parties may seek mediation through an independent body or as directed by Basketball ACT.
10. Amendment of the Constitution and Winding Up
This Constitution may only be amended by a Special Resolution passed by at least three-quarters of the members present and voting at a General Meeting.
- Dissolution: If the Association is wound up, any surplus assets must be transferred to another non-profit body with similar objects (such as Basketball ACT).
- No Distribution: Assets and profit shall not be distributed to individual members.
