CONSTITUTION OF THE TASMANIAN CHESS ASSOCIATION (INC)
1. NAME OF ASSOCIATION
The name of the Association shall be the Tasmanian Chess Association (Inc.), hereafter referred to as the TCA.
2. OBJECTS AND PURPOSES OF ASSOCIATION
1. The TCA shall be the governing body of the game of chess in Tasmania and shall be the Association of affiliated chess clubs, club-based members, junior members and individual members.
2. The powers and duties of the TCA shall be:
a. to arrange, regulate and control all tournaments and/or matches required in order to award the title of Tasmanian Chess Champion in Classical, Rapid, and Blitz time controls;
b. to arrange, regulate and control, at its discretion, any other tournament(s) in which the whole of Tasmania is concerned;
c. to make, repeal, suspend, amend and interpret rules affecting the Association and the conduct and interests of the game of chess in Tasmania;
d. to promote, foster, grow and support the game of chess within Tasmania;
e. to do any such other things thought necessary or desirable to the interests of the game of chess within Tasmania; and
f. to delegate any of its powers.
3. MEMBERSHIP OF ASSOCIATION
1. Club-based Memberships
a. Any chess player who is a financial member of any chess club affiliated with the TCA shall be a member of the TCA until such time as they cease to be a financial member of a TCA affiliated chess club, provided that the affiliated club pays on their behalf a club – based membership fee to the TCA.
b. The amount specified in subrule 1 is to be set annually at the AGM.
2. Individual Memberships
The TCA shall have non-club based individual members on the following conditions:
a. Any chess player in Tasmania may apply for individual membership by completing an Application for Membership and by paying a membership fee to the Treasurer. Membership shall date from the date of payment, until the end of that financial year.
b. Any chess player in Tasmania who enters a tournament for which membership of the TCA is a condition of entry for Tasmanian chess players, who is not already a TCA member and who adds the cost of an individual membership fee to their entry fee, shall be granted TCA membership until the end of that financial year.
c. The amount specified in subrules a and b is to be set annually at the AGM.
3. Non-Members
Non-members of the TCA shall be permitted to play in TCA events and TCA sponsored events only under the following conditions:
a. Only those non-members who are not considered Tasmanian residents by the TCA shall be allowed to play.
b. Non-members may not be declared the winner of any Tasmanian State Championship, even if they win the relevant tournament.
4. AFFILIATION
1. Any chess club in Tasmania may apply for affiliation with the TCA. The application should be addressed in writing to the Secretary. Affiliation shall date from the meeting at which affiliation is approved.
2. Affiliated clubs shall be entitled to appoint a delegate to the Executive and may change their delegate at any time by written notice to the Secretary.
3. The TCA shall be affiliate with the Australian Chess Federation.
5. INCOME AND PROPERTY OF THE ASSOCIATION
1. The income and property of the Association is to be applied solely towards the promotion of the objects and purposes of the Association.
2. No portion of the income or property of the Association is to be paid or transferred to any member of the Association unless the payment or transfer is made in accordance with this rule.
6. ACCOUNTS OF RECEIPTS AND EXPENDITURE
1. True accounts are to be kept of the following:
a. each receipt or payment of money by the Association and the matter in respect of which the money was received or paid; and
b. each asset or liability of the Association.
2. The accounts are to be open to inspection by the members of the Association at any reasonable time, and in any reasonable manner, determined by the Executive.
3. The treasurer of the Association is to keep all accounting books, and general records and records of receipts and payments, connected with the business of the Association in the form and manner the Executive determines.
4. The accounts, books and records are to be kept at any place the Executive determines.
5. The Association’s financial year shall be from January 1st. to the following December 31st.
7. BANKING AND FINANCE
1. On behalf of the Association, the treasurer of the Association is to –
a. receive any money paid to the Association; and
b. immediately after receiving the money, issue an official receipt in respect of the money; and
c. cause the money to be paid into the account opened under subrule 2 as soon as practicable after it is received
2. The Executive is to open with an authorised deposit-taking institution an account in the name of the Association.
3. The Executive may –
a. receive from an authorised deposit-taking institution a cheque drawn by the Association on any of the Association's accounts with the authorised deposit-taking institution; and
b. release or indemnify the authorised deposit-taking institution from or against any claim, or action or other proceeding, arising directly or indirectly out of the drawing of that cheque.
4. Except with the authority of the Executive, a payment of an amount exceeding $500 is not to be made from the funds of the Association otherwise than by cheque drawn on the Association's account.
5. The Executive may provide the treasurer with an amount of money to meet urgent expenditure, subject to any conditions the Executive may impose in relation to the expenditure.
6. A cheque, draft, bill of exchange, promissory note or other negotiable instrument is to be signed by the treasurer or, in the treasurer's absence, by any other member, or members, of the Executive the Executive nominates for that purpose.
8. ANNUAL GENERAL MEETING
1. The Association is to hold an annual general meeting each year.
2. An annual general meeting is to be held on any day (being not later than 3 months after the end of the financial year of the Association) the Executive determines.
3. An annual general meeting is to be in addition to any other general meeting that may be held in the same year.
4. The notice convening an annual general meeting is to specify the purpose of the meeting.
5. The ordinary business of an annual general meeting is to be as follows:
a. to confirm the minutes of the last preceding annual general meeting and of any general meeting held since that meeting;
b. to receive from the officers of the Association reports on the transactions and proceedings of the Association during the last preceding financial year of the Association;
c. to elect the officers of the Association;
d. to set the membership and affiliation subscription fees and any other dues and levies for the next financial year; and
e. to consider any other general business.
9. SPECIAL GENERAL MEETINGS
1. The Executive may convene a special general meeting of the Association at any time.
2. The Executive, on the requisition in writing of at least 12 members of the Association, is to convene a special general meeting of the Association.
3. A requisition for a special general meeting –
a. is to state the objects of the meeting; and
b. is to be signed by each of the requisitionists; and
c. is to be deposited with the secretary of the Association; and
d. may consist of several documents, each signed by one or more of the requisitionists.
4. If the Executive does not cause a special general meeting to be held within 21 days after the day on which a requisition is deposited with the secretary of the Association, any one or more of the requisitionists may convene the meeting within 3 months after the day of the deposit of the requisition.
5. A special general meeting convened by requisitionists is to be convened in the same manner, as nearly as practicable, as the manner in which a special general meeting would be convened by the Executive.
10. NOTICES OF GENERAL MEETINGS
1. At least 14 days before the day on which a general meeting of the Association is to be held, the Secretary of the Association is to advise all affiliated clubs –
2. the place, day and time at which the meeting is to be held; and
3. the nature of the business that is to be transacted at the meeting.
11. QUORUM AT GENERAL MEETINGS
1. Business is not to be transacted at a general meeting unless a quorum of members of the Association entitled to vote is present at the time the meeting considers that business.
2. A quorum for the transaction of the business of a general meeting is 5 members of the Association entitled to vote.
3. A quorum for the transaction of the business of a general meeting called pursuant to rule 9.2 is 12 members of the Association entitled to vote.
4. If a quorum is not present within one half hour after the time appointed for the commencement of a general meeting, the meeting –
a. if convened on the requisition of members of the Association, is dissolved; or
b. if convened by the Executive, is to be adjourned to a time and place specified by the chairperson and by notice in a manner determined by the chairperson.
12. CHAIRPERSON AT MEETINGS
At each General and Executive meeting of the Association, the chairperson is to be –
a. the president; or
b. in the absence of the president, the vice-president; or
c. in the absence of the president and vice-president, a member of the Association elected to preside as chairperson by the members of the Association present and entitled to vote at the meeting.
13. VOTES
1. On any question arising at any general meeting of the Association, a member of the Association (excluding the chairperson) has one vote only.
2. On any question arising at any Executive meeting of the Association, a member of the Executive (including club delegates but excluding the chairperson) has one vote only.
3. Except in the case of the election of the Executive at the annual general meeting, all votes are to be given personally. A member may not otherwise delegate his or her vote by proxy at either a General or Executive Meeting.
4. In the case of subrule 3, proxy voting is permitted, provided written, signed notice of the intention to so vote is received by the Secretary at least 2 hours before the published start time of the annual general meeting.
5. Despite subrule 1, in the case of an equality of votes, the chairperson has a casting vote.
6. Any motion moved by any member of the Executive at any meeting of the Association does not require a seconder.
14. AFFAIRS OF ASSOCIATION TO BE MANAGED BY THE EXECUTIVE
1. The affairs of the Association are to be managed by an Executive constituted as provided in rule 15.
2. Any member of the Association shall be eligible to be elected to the Executive at the Annual General Meeting.
a. Members of the Association may nominate themselves for election or they may be nominated by another member or members.
b. Nominations should be addressed to the secretary and must:
i. be in the possession of the Secretary not later than ten days prior to the date of the Annual General Meeting; and
ii. indicate the consent of the nominee to the nomination.
3. The Secretary shall notify the secretaries of affiliated clubs of all nominations not later than 7 days before the Annual General Meeting.
4. In the case in which no nominations are received for a particular office, the Annual General Meeting shall elect an officer from the floor with that person's consent or, if there are no such nominations from the floor, the Executive shall have the power to appoint any member to that office with that person's consent.
5. Members of the Executive elected or appointed at an Annual General Meeting shall assume office immediately at the conclusion of the Annual General Meeting.
6. The Executive –
a. is to control and manage the business and affairs of the Association;
b. may exercise all the powers and perform all the functions of the Association, other than those powers and functions that are required by these rules to be exercised and performed by members of the Association at a general meeting; and
c. has power to do anything that appears to the Executive to be essential for the proper management of the business and affairs of the Association.
15. OFFICERS OF THE ASSOCIATION
1. The officers of the Association are as follows:
a. one President, who shall –
i. represent the TCA wherever necessary.
b. one Vice-President, who shall –
i. exercise all the functions of the President when called upon to do so by the President and/or Secretary should the President be unavailable, and shall only have the powers of the President for that period
c. one Treasurer, who shall –
i. receive and bank all monies to the credit of the TCA;
ii. see that a faithful record is kept of the receipts and expenditure of the TCA;
iii. pay such accounts as are incurred by the Executive on behalf of the TCA; and
iv. report on the financial position when called upon to do so.
d. one Secretary, who shall –
i. perform all clerical work for the TCA and carry out all directions given by the Executive;
ii. keep the custody of all the available records of the TCA;
iii. keep full and detailed minutes of each TCA meeting;
iv. make a copy of the minutes and proceedings available to affiliated clubs as soon as possible after each Meeting;
v. send copies of the Treasurer's Financial Statement for the Financial year to the secretaries of the affiliated clubs not later than seven days prior to the date of the AGM, and distribute copies of the President's Report at the AGM;
vi. notify the Executive concerning meetings and business pertaining thereto; and
vii. notify affiliated clubs of any motion to alter the Constitution of the TCA at least 14 days prior to the date of the next AGM or special general meeting.
e. one Ratings Officer, who shall –
i. conduct the rating of events in Tasmania within the national rating system.
f. one Webmaster, who shall –
i. be responsible for maintaining and updating the TCA website in a professional manner;
ii. report all details of TCA run events on the TCA website;
iii. report all results of TCA run events on the TCA website;
iv. accept and publish articles relating to Tasmanian chess on the TCA website; and
v. grow the digital footprint of the TCA and its affiliated clubs.
g. one Junior Chess Officer, who shall –
i. attempt to organise the Tasmanian Junior Individual Championships ;
ii. attempt to facilitate formal competitions between teams of students from different schools within Tasmania;
iii. act as a contact person for enquiries regarding junior chess in Tasmania; and
iv. perform any other duties empowered by the TCA for the express purpose of promoting, fostering, growing, supporting, and financing the development of junior chess within Tasmania.
h. one Delegate per each affiliated club, who shall –
i. represent the interests of affiliated clubs at all Executive Meetings of the TCA.
2. All Executive positions shall be honorary
3. Each officer of the Association is to hold office until the next annual general meeting after that at which he or she is elected and is eligible for re-election.
4. Multiple offices may be held by the same person.
5. If a casual vacancy in an office referred to in rule 16 occurs, the Executive may appoint any member of the Association to fill the vacancy until the next annual general meeting after the appointment.
16. VACATION OF OFFICE
For the purpose of these rules, the office of an officer of the Association, becomes casually vacant if the officer –
a. dies; or
b. becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration or estate for their benefit; or
c. becomes a represented person within the meaning of the Guardianship and Administration Act 1995; or
d. resigns office in writing addressed to the Executive; or
e. ceases to be ordinarily resident in Tasmania; or
f. is absent from 3 consecutive meetings of the Executive without the permission of the other members of the Executive; or
g. ceases to be a member of the Association; or
h. fails to pay all arrears of subscription within 14 days after receiving a notice in writing signed by the Secretary of the Association stating that the officer or committee member has ceased to be a financial member of the Association.
17. MEETINGS OF THE EXECUTIVE
1. The Executive may meet at any place and time the Executive determines.
2. A meeting of the Executive, other than a meeting referred to in subrule 1, may be convened by the President or the Secretary or any 3 of the members of the Executive.
3. Written notice of any Executive meeting is to be served on members of the Executive by the secretary and is to specify the general nature of the business to be transacted.
4. A quorum for the transaction of the business of a meeting of the Executive is 4 members of the Executive.
5. Business is not to be transacted at a meeting of the Executive unless a quorum is present.
6. If a quorum is not present within half an hour after the time appointed for the commencement of a meeting of the Executive, the meeting is to be adjourned to a time fixed by the chairperson.
7. Any question arising at a meeting of the Executive is to be determined –
a. on a show of hands; or
b. if demanded by a member, by a poll taken at that meeting in the manner the chairperson determines.
8. On any question arising at a meeting of the Executive, a member of the Executive (excluding the chairperson) has one vote only.
9. Despite subrule 8, in the case of an equality of votes, the chairperson has a casting vote.
18. DISCIPLINE AND EXPULSION OF MEMBERS
1. The TCA may discipline any member for conduct detrimental to the interests of chess in Tasmania during or in connection with any TCA event or TCA sponsored event, whether as a player, organiser, arbiter or spectator, subject to the following requirements:
a. The TCA's action is independent of that taken by any arbiter in the event with respect to the player's participation or results in that event. This policy does not bind arbiters of TCA events.
b. The TCA shall only act on receipt of a written complaint, or a report by a tournament arbiter, citing the grounds for the complaint or report.
c. The TCA Secretary, acting in consultation with the Executive, may dismiss a complaint without hearing it if in the Secretary's opinion the complaint is frivolous, vexatious or entirely concerned with matters beyond the TCA's jurisdiction.
2. If the complaint is heard –
a. the complaint shall be forwarded to the person(s) named more than a month in advance of the TCA meeting which shall discuss the complaint.
b. the complaint shall be heard in strict accordance with normal principles of natural justice including the right to a fair hearing and the right to present evidence.
c. the person(s) named in the complaint may appeal the TCA's findings on the complaint to an ad hoc appeal committee appointed by the TCA, and consisting entirely of people not previously involved in hearing the complaint. This committee shall be composed of people with chess experience but may include Australian Chess Federation-approved personnel not resident in Tasmania. Appeals shall be accompanied by a $50 deposit, refunded if the appeal is upheld, and shall be brought only on the grounds that the TCA's decision was influenced by errors of procedure, and not simply because of disagreement with the decision. If the appeal is upheld, all penalties applied shall be revoked.
3. The penalties open to the TCA in the case of a misconduct finding shall include –
a. Banning the player from TCA events and TCA sponsored events for a specified period.
b. Recording an official warning.
c. Requiring a player to pay a deposit on entry fees to TCA events and TCA sponsored events for a specified period, to be refunded at the end of that event if a specified form of misconduct was not repeated in that event.
d. Requiring a player to perform an appropriate restitution, such as making good damage done or apologising, in order to avoid one of the above penalties.
e. Expelling the member from the TCA.
19. AMENDMENT OF CONSTITUTION
1. Any of the provisions of this Constitution may only be amended by a resolution of the Annual General Meeting or a Special General Meeting, and only provided:
a. due notice has been given to all affiliated clubs as specified in rule 15.d.vii; and
b. the Secretary has been given thirty days written notice of the intended amendment.
2. If three quarters of the members present at the meeting vote in favour, the changes are passed.
This copy of the Tasmanian Chess Association (Inc) Constitution is dated March 12, 2018