All Clubs must ensure that they continue to meet their basic regulatory compliance obligations under Consumer Affairs Victoria ("CAV") or the Australian Securities and Investments Commission ("ASIC") as required. Clubs are also subject to FFV By-Law 12 Club Compliance Policy.
Clubs' obligations include, but are not limited to, notifying FFV of any proposed changes to the Constitution (see below), or proposed amalgamations with other Clubs.
At the outset, Clubs must be incorporated under either the Associations Incorporation (Reform) Act 2012 (Vic) or as a company limited by guarantee under the Corporations Act 2001 (Cth).
Clubs are free to govern themselves in any manner they see fit, and accordingly have any Constitution and By-Laws they see fit. The FFV has no wish to interfere in that, however, there are some minimum clauses that must be included in a club's Constitution for it to successfully become registered to compete in FFV-administered competitions. The FFV does not mandate where they appear in the Constitution. They are as follows. Please note the exact text is required – except for the numbering, and therefore also the reference to ‘rule 6’ will be a reference to the actual rule number in your Constitution.
Please note also that, although the below text states that Clubs must submit to the FFV any changes to their Constitutions and By-laws, this does not change the basic premise that you are free to govern your Club in any way you see fit. The FFV will approve all changes that do not affect the fundamental idea that your Club is a community organisation that fields local football teams in FFV competitions.
The required text is:
[In the definitions section:]
"Voting Member" is defined in clause 3.
[In the body of the document:]
1. The purposes for which the Club is established are to:
a. be the Football organisation's formal legal entity recognised by FFA and/or FFV, and to comply with the constitution and by-laws of FFA and FFV; and
b. organise teams to participate in competitions sanctioned by FFV and/or FFA; and
c. prevent infringement of the constitution and by-laws of FFA and FFV, and protect Football from abuse; and
d. co-operate with FFA, FFV, and other bodies in the promotion and development of, or otherwise in relation to, football, the Statutes, the Regulations, and the Laws of the Game.
2. The Club is bound by and will observe, and must procure that each Voting Member admitted to membership agrees to be bound by and observe:
a. this Constitution; and
b. the Laws of the Game; and
c. the Statutes and Regulations and those of the By-Laws expressed to apply to or in relation to Voting Members; and
d. the Statutes and Regulations and the constitutions and by-laws of FFA and FFV as enforced from time to time; and
e. the FFV Codes of Behaviour and Rules of Competition, as amended from time to time; and
f. the FFA Code of Conduct, as amended from time to time,
subject always to the application of the established order of precedence set out in rule 6.
3. All individuals registered as "Coach - Outdoor", and/or "Player - Outdoor", and/or "Coach - NPL", and/or "Player - NPL" with the Club on MyFootballClub are Voting Members of the Club if they agree to the requirement in clause 2, and no other individual may be a Voting Member.
4. Each Voting Member is entitled to, and each Voting Member under the age of 18 has the right through that Voting Member's parent or legal guardian to:
a. receive notice of General Meetings and of proposed special resolutions; and
b. submit items of business for consideration at a General Meeting; and
c. attend and be heard at General Meetings; and
d. vote at a General Meeting (and has one vote); and
e. access the minutes of General Meetings and other documents of the Club; and
f. inspect the register of members,
and no person other than a Voting Member has the right to vote at a General Meeting.
5. Voting Members under the age of 18 are not entitled to be elected to and hold any office.
6. In this Constitution, in the event of inconsistency between any Statutes, Rules, Regulations, Laws, Policy or other governing document of a relevant body or bodies, the relevant governing document of the relevant body applies in accordance with the established order of precedence within the sport of football, from international, national, state and regional, down to local level.
7. The Club must not strike or impose any fee, subscription, or other amount on any Voting Member:
a. which relates solely or principally to the right to attend, debate or vote in general meeting; or
b. in addition to the Club's regular membership fee, for the right of a Voting Member to attend, debate, or vote in general meeting; or
c. in any other ways disassociates attendance, participation or voting rights at general meetings from the usual rights of Voting Members whether they participate in the Club as players, administrators, official, or otherwise.
8. The Club must:
a. amend this Constitution and/or its By-laws to promptly adopt changes in the constitutions and by-laws of FFA and/or FFV made from time to time to the extent that they are applicable to the Club; and
b. not otherwise amend or vary this Constitution and/or any of its By-laws without the prior written consent of FFV and in accordance with the Associations Incorporation (Reform) Act 2012 (Vic).
9. Subject to applicable law, the Club must:
a. promulgate and comply with, and do everything within its power to enforce compliance with, the Statutes and Regulations and the Laws of the Game; and
b. co-operate with FFA and FFV in all matters relating to the organisation of competitions, the Club's own competitions and Football in general.
All Clubs must be at least 1 Star NCAS accredited prior to taking part in FFV or affiliated competitions.
FFA has released a Level 2 application form for clubs seeking to be 2 Star Accredited. The form is available here: NCAS Level 2 Application Form
Resources about NCAS, including how to apply for 2 Star Accreditation, are available here: www.myfootballclub.com.au/index.php?id=52
Please contact Anuhari Mallawarachchi on 9474 1859 for more information.
Consumer Affairs Victoria | www.consumer.vic.gov.au
Not-for-Profit Law Information Hub | www.nfplaw.org.au
ASIC | www.asic.gov.au