This version of the TCA Constitution was adopted in 2001 and has been retained for historical value, it is not the current TCA Constitution.  To view the current TCA constitution, click here.

 

CONSTITUTION OF THE TASMANIAN CHESS ASSOCIATION

1) NAME:

The name of the Association shall be the Tasmanian Chess Association

 

2) DEFINITION:

The Tasmanian Chess Association shall be the governing body of the game of chess in Tasmania and shall be the Association of affiliated chess clubs and affiliated players.

 

3) POWERS AND DUTIES:

The powers and duties of the Tasmanian Chess Association shall be:

(a) To arrange, regulate and control such touraments and matches as it may be thought desirable to hold in respect to the individual Championship of Tasmania, or any other events in which the whole of Tasmania is concerned.
(b) To make, repeal, suspend, amend and interpret rules affecting the Association and the conduct and interests of the game of chess in Tasmania.
(c) To do all such other things as may be thought necessary or desirable in the interests of the game of chess in Tasmania.
(d) To delegate any of its powers.

4) AFFILIATION:

(a) Any chess club inTasmania may apply for affiliation with the Tasmanian Chess Association.  The application should be addressed in writing to the Secretary. Affiliation shall date from the fiannual subscription.

(b) The association shall have individual members on the following conditions:

 (i) Any chess player in Tasmania may apply for affiliation in writing to the Secretary or by paying a membership fee to the Treasurer.  Affiliation shall date from the first annual subscription, if any is required by the
TCA, until the end of that calendar year.

(ii) Any chess player in Tasmania who becomes a member of a club which collects TCA membership fees as part of its annual subscriptions and forwards these to the TCA, shall be a member of the TCA for such time as they are a financial member of that club and that club retains the same arrangement.

 (iii) 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 member and who adds the cost of an annual subscription to their entry fee, shall be a member of the TCA for the remainder of that calendar year.

 (iv) The TCA may from time to time fund itself through mechanisms other than annual subscriptions.  Under such circumstances, any chess player in Tasmania shall become a member of the TCA by paying an entry fee for any event from which money is forwarded to the TCA for rating of games, or by paying a membership fee for any club which pays money to the TCA for the rating of its internal events.  Such a person shall remain a member of the TCA until the practice of annual subscriptions is reintroduced, or for two years, whichever comes first.

 (v) Where clause 4(b)(iv) is in operation, any chess player in Tasmania may still also become a member by the method detailed in clause 4(b)(i), by payment of the annual subscription amount which was in existence prior to the most recent abolition of annual subscriptions.  (vi) Individual members shall be entitled to play in Tasmanian Chess Association events and Tasmanian Chess Association sponsored events.

4(c) Non-members of the Tasmanian Chess Association shall be permitted to play in TCA events and TCA  sponsored events only under the following conditions:

(i) Only those non-members who are not considered Tasmanian residents by the TCA shall be allowed to play.
(ii) Non-members may not be declared the winner of any Tasmanian State Championship, or other state title conferred by the TCA, even if they win the relevant tournament.

(d) The affiliation and capitation fees for any year shall be fixed at any duly constituted meeting of the Association in the preceding year.

(e) The Tasmanian Chess Association shall affiliate itself with the Australian Chess Federation.


5) EXECUTIVE OFFICERS:

The Tasmanian Chess Association shall consistof the following Executive:

a) President, Vice-President, Secretary, Treasurer, Junior Chess Officer, Ratings Officer and one Delegate from each affiliated club, with the proviso that where a club consists of twenty or more financial members it may, on paying double affiliation fee, elect a second delegate to the Executive.

(b) Any club may alter its delegate at any time by informing the Secretary in writing,  such alteration to take place immediately on receipt of information.

(c) Each affiliated club, or any intending to affiliate at the Annual General Meeting, may submit nominations for office-bearers. The nomination will lapse if the club fails to affiliate at the current Annual General Meeting. The nominations for the officers of President, Vice-President, Secretary, Treasurer, or Secretary-Treasurer, and Tournament Co-ordinator must be in writing and must reach the Secretary not later than ten days prior to the date of the Annual General Meeting. The nominations must be signed by the delegate or secretary of the affiliated club and with the approval of the nominee. If a new office-bearer be elected at an Annual General Meeting he shall assume office at the conclusion of the Annual General Meeting.

(d) The Secretary shall notify the secretaries of the affiliated clubs of all nominations recieved not later than one week prior to the Annual General Meeting.

(e) 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 failing that, the Executive shall have the power to
appoint any member to that office with that person's consent.

(f) Any two offices excepting the position of President may be held by the same person.  In such cases that person shall be entitled to only one vote both at Executive and Annual General Meetings.

6) POWERS AND DUTIES OF THE EXECUTIVE:

The Executive shall have the following powers:

(a) To settle purely routine matters.

(b) To make recommendations to the affiliated clubs.

(c) To hear and determine any appeal or dispute referred to the Association by any affiliated club.

(d) To give effect to any resolution by the Association.

(e) To make the final selection of the players for the Tasmanian Championship, or to delegate this power.

(f) To adopt such By-laws for the proper government of the affairs of the Association as do not conflict with this Constitution.

(g) To carry out any other duties stated or implied in the Constitution or the By-laws.

(h) To make decisions on the matter of urgency where the possibility of reference to the affiliated clubs is absolutely precluded.

(i) To receivevotes for office-bearers and duly elect them.

(j) To fix the date of the next biennial Executive Meeting.

7) EXECUTIVE'S FUNCTIONS:

The Executive shall function as:

(a) The official spokesman of the affiliated clubs. Each Executive Officer shall have one vote except the President, who shall have only a casting vote. A proxy shall have no power to vote on any matter not covered by Clause 6 without written instruction, either explicit or conveyed by a definite expression of opinion on the point in question from the club he represents.

(b) A deliberative body: On any matter which the Executive can decide under Clause 5, Section (e) and Clause 6, a proxy may vote at his own discretion in the absence of special instructions.

8) THE PRESIDENT:

(a) The President, whose post shall be honorary, shall be elected by the Executive at the Annual General Meeting for the ensuing twelve months.

(b) The President shall not exercise a deliberative vote, but shall exercise a casting vote in the case of equal voting, and he shall have the right to move a motion.

9) DUTIES OF THE PRESIDENT:

The President shall represent the Tasmanian Chess Association wherever nessary, and preside at meetings of the Tasmanian Chess Association.

10) THE STATE VICE-PRESIDENT

The State Vice-President, whose post shall be honorary, shall be elected by the Excutive at the Annual General Meeting for the ensuing twelve months.

11) DUTIES OF STATE VICE-PRESIDENT:

The State Vice-President shall exercise all the functions of the President when called upon to do so by the President and/or Secretary should the President be unavalable, and shall only have the powers of the President for that period.

12) THE SECRETARY:

The Secretary, whose post shall be honorary, shall be elected by the Executive at the Annual General Meeting for the ensuing twelve months.

13) DUTIES OF THE SECRETARY:

The Secretary shall:

(a) Perform all clerical work of the Association and carry out all directions given by the Executive.

(b) Keep the custody of all the available records of the Association.

(c) Keep full and detailed minutes of each meeting.

(d) As soon as possiable after each Meeting to post each affiated club a copy of the proceedings, showing how the votes of the delegates and /or proxies were cast, together with a sheet clearly showing any motions on which a vote is required and the date of the meeting at which the matters referedto will come up for settlement.

(e) To send copies of the Treasurer's Financial Statement for the Financial yearto the secretaries of the affiliated clubs not latter than seven days prior to the date of the Annual General Meeting, and distribute copies of the President's Report at the annual General Meeting.

(f) To notify the Executive concerning Meetings and business pertaining thereto.

(g) Act as a proxy for any club when instructed to do so by that club or its representative.

(h) To notify affiliated clubs of any motion to alter the constitution at least fourteen days prior to the date of the next biennial meeting.

 14. THE JUNIOR CHESS OFFICER

The Junior Chess Officer, whose post shall be honorary, shall be elected at the Annual General Meeting for the ensuing twelve months

15. DUTIES OF THE JUNIOR CHESS OFFICER

The duties of the Junior Chess Officer shall be:

(a) To organise the Tasmanian Junior Individual Championships event annually

(b) To attempt to facilitate formal competitions between teams of students from different schools within the state

(c) To act as a contact person for enquiries regarding junior chess in Tasmania.

(d) To do other things which assist with the development of junior chess in Tasmania.

(e) Any other duties empowered by the TCA.

16) FINANCE:

The funds of the Association and all monies recieved shall be place in the name of the Association in such a bank as the Executive may Determine, and shall be operated on by the State Treasurer. The Association's financial year shall be from the first Feburary to the following thirty-first January.

17) THE STATE TREASURER:

The State Treasurer shall be elected on the same terms as the Secretary.

18) DUTIES OF THE STATE TREASURER:

The duties of the State Treasurer shall be:

(a) To recieve and bank all monies to the credit of the Tasmanian Chess Association

(b) To see that a faithful record is kept of the receipts and expenditure of the Association.

(c) To pay such accounts as are incurred by the Executive on behalf of the Tasmanian Chess Association.

(d) To report on the financial position when called upon to do so.

(e) To submit to the State Secretary the Financial Statement audited by the appointed Autitor or Auditors at the Annual General Meeting.

19) THE RATINGS OFFICER

The Ratings Officer, whose post shall be honorary, shall be elected at the Annual General Meeting for the ensuing twelve months.

20) DUTIES OF THE RATINGS OFFICER

The duties of the Ratings Officer shall be:

(a) To collect and forward fees for the ratings of games as necessary.

(b) To conduct the rating of events in Tasmania within the national rating system.

21) AUDITOR:

The Executive may appoint appoint an honory Auditor or Auditors at the Annual General Meeting for the ensuing twelve months.

22) MEETINGS:

(a) The Executive shall meet at least once a year and on any occations when a meeting is called by the Secretary, who shall have the right to call a meeting at any time, giving at least twenty-one days notice to the Executive, and must call on the requisition of any two Executive Members or the request of the President or, during his indisposition, the State Vice-President. In the cases of extreme urgency special meetings may be called by the President or Secretary on seven days notice. Meeting in person may be replaced be postal voting, as provided in Clause 20 Section (h)

(b) Chairmanship of meetings shall be exercised by the President or State Vice-President when called upon to do so as provided in Clause 11. Should neither be available the Executive shall elect from among its own members a Chairman for that meeting.

(c) A bare majority shall be sufficient to carry and motion.

(d) Four members of the Executive shall form a Quorum.

(e) A motion from any affiliated club shall be submitted to all affiliated clubs for their consideration.

(f) Any motion moved by the delegate of a club or by any Executive need not be seconded.

(g) The Annual General Meeting shall be held in March or April of each year. The Secretary shall give at least twenty-one clear days notice of the date of the Annual General Meeting to all affiliated clubs.

(h) With the exception of a period of one month prior to a biennial meeting any motion moved by the delegate of an affiliated club, excluding motions relating to amendments to the Constitution, shall be submitted to the Secretary of the Executive who shall conduct the postal voting. The voting forms shall show the closing date for the voting. At least a fortnight shall be allowed for the return of the voting forms, but the closing date for the voting shall not be later than one month after the date of mailing forms. Voting may be conducted partly or fully by alternative methods of communication leaving a verifiable record, including but not limited to email or fax.  In such cases, the voting period shall be not less than seven days notice in cases of extreme urgency, or twenty-one days otherwise, and not more than one month.

(i) The Secretary may waive the requirement to hold an Executive meeting in any year if there is no known business or no reasonable likelihood of the meeting being quorate.  However a meeting may still be called as allowed under clause 20(a).

(j) Where less than four but more than one executive members are present at a scheduled executive meeting, those members acting unanimously may appoint a member of any club as that club's delegate for the duration of that meeting, subject to that person's agreement, if they believe that club would be agreeable to that person's appointment.  This person shall be considered a member of the Executive for the duration of that meeting for the purposes of clause 20(d).

21) ABSENCES:

If any member be absent from an Executive Meeting the Secretary or any other person may act as his proxy upon production of written authorization

22) VACANCIES:

In the case of death or resignation of a President, State Vice-President, Secretary, or Secretary-Treasurer, or Tournament Co-ordinator, the Executive shall have power to appoint any Tasmanian Chess Association member to any of these officers. The person shall hold the office during such time only as the officer in whose place he is appointed would have held the same.

23) ALTERATION OF CONSTITUTION:

Any of the provisions of this Constitution may be amended by the resolution of the Executive at a biennial meeting, after due consideration has been given by all affiliated clubs, provided the Secretary has been given thirty days notice of the intended amendment. Such change must not have effect until sixty days after the date of the meeting at which the amendment was passed.

24. DISCIPLINE

The TCA may discipline any member for misconduct 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.

(d) If the complaint is heard, 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.

(e) 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.

(f) 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.

(g) The penalties open to the TCA in the case of a misconduct finding shall include:

(i) Barring the player from TCA events and TCA sponsored events for a specified period.

(ii) Recording an official warning.

(iii) 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.

(iv) 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.

This copy of the Constitution includes changes to 5 November 2001.