The Importance of a Fit-for-Purpose Constitution
Bowls Victoria is concerned with the dramatic increase in Club disputes, including Committee resignations and member departures, resulting from incorrectly managed or outdated and poorly structured disciplinary and grievance processes. The ripples created by these matters can be felt by Clubs and members for years.
Constitution
The Club Constitution is the foundation document that gives life to a Bowls Club. Commonly taking the form of an Incorporated Association, the Bowls Club constitution establishes the legal entity, includes the Club’s Statement of Purpose, defines the powers of the Committee, and the rights of members.
In Victoria, the Constitution must comply with the Associations Incorporation Reform Act 2012. The latest, compliant template for Bowls Clubs can be found at Club Assist on the Bowls Victoria website (under the topic ‘Administration Support & Club Forms’.
By-Laws
The Constitution (or Rules) are complemented with By-laws (or Regulations); these are the day-to-day operating procedures of a Club. These define the rules internal to the Club and also respond to the rules of the sport.
It is important that the Constitution adequately and effectively establish the rights and responsibilities of members and act as a check on the authority of the Committee without limiting the ability of the Club Office Bearers to be responsive to everyday matters.
For example, the Constitution should outline the powers of the Committee; the President should not have the power to install themselves permanently as head of the Club. At the same time, the Treasurer should have some level of delegated authority so that a quarterly power bill can be paid without, on each occasion, seeking the approval of all members. This process should be authorised through the By-laws.
Discipline
Another authority that can be established in the Constitution but managed through By-laws is that of discipline. The implementation of fair and transparent discipline, complaints, and grievance processes can limit the negative ramifications of inappropriate behaviour and help smooth a potentially rocky time for any Club.
Many Clubs suffer from inadequate or poorly managed disciplinary processes. Minor infractions triggered by personality clashes become all-consuming, drawing members into their orbit, and often leaving scars long into the future. Clubs are riven by such issues when poorly managed.
The recent introduction by Sport Integrity Australia and adoption by Bowls Australia of the National Integrity Framework (NIF) redefines the complaints, disputes, and discipline policy and processes of the sport. The interaction of the Bowls Australia Policy with both Bowls Victoria and Club processes is being refined and more resources are expected from Bowls Australia in the near future. It is important for Clubs to recognise the application of the NIF and that members should explicitly acknowledge they are subject to this framework when becoming a member. This can be done at membership signup with relevant pointers to Bowls Australia’s NIF.
Bowls Australia, Bowls Victoria, and individual Clubs may have their own Codes of Conduct that reflect the environment in which their members engage or the values specific to each entity. Clubs should maintain their own processes where it is necessary to respond to a matter determined to be the responsibility of the Club. For example, two adult members who have a spontaneous verbal dispute on the green is a matter for the Club to address within its framework.
The Bowls Victoria Club Constitution template addresses ‘Discipline’ in Section 10 and ‘Grievance’ in Section 28. Supporting procedures such as the Bowls Victoria Club and Region Support Disciplinary Guidelines can also be found in Club Assist under the topic ‘Club Management’.
Bowls Victoria makes the following suggestions to Club Committees:
- Be very clear and adhere strictly to the Club’s discipline process and the rights of members who are subject to a disciplinary process;
- Articulate unique or refer directly to the relevant Code/s of Conduct that define the expectations of your members’ behaviour;
- Understand if and how a provisional suspension may be implemented;
- Be clear on communication, adhering to principles of transparency and fairness while abiding by Club Rules;
- Ensure independence of tribunals and accessible appeal processes based on relevant grounds, eg due process and appropriate penalty;
- Be very clear on the effect of a penalty, eg a suspended individual may still attend the Club to practice but not play, may not attend the Club at all, may not attend any Club activities, may be suspended from the Club matches but be allowed to compete in external events, etc.
The very first step is to revisit your Club’s Constitution and ensure it is a contemporary model and fit-for-purpose supported by regulations that ensure effective Club management. The Bowls Victoria template is only one available to assist and is revised regularly.
For further information visit Club Assist on the Bowls Victoria website.
