30.  SEAL

30.1      The Common Seal of the Association shall be kept in the Custody of the Chief Executive Officer.

30.2      The Common Seal shall not be affixed to any instrument except by the authority of the Board and the signatures of two elected officers of the Association shall attest the affixing of the Common Seal.

 
31.  ALTERATION OF CONSTITUTION AND STATEMENT OF PURPOSES

31.1      This Constitution, including the Statement of Purposes, shall not be altered except at a General Meeting of which 21 days' notice in writing is given to Member Clubs as to the proposed alteration and at which General Meeting the proposed alteration is approved by at least a three quarters majority of Member Clubs present and voting.

32.  NOTICES

32.1      A notice may be served by or on behalf of the Association upon any member either personally, by electronic communication or by sending it by post to the member at their address shown in the Register of Members.

32.2      Where a document is properly addressed, pre-paid and posted to a person as a letter, or communicated electronically, the document shall, unless the contrary is proved, be deemed to have been given to the person at the time at which the letter would have been delivered in the ordinary course of post or electronic transmission.

33.  WINDING UP OR CANCELLATION

33.1      In the event of the winding up or the cancellation of the incorporation of the Association, the assets of the Association may not be distributed to members, and will instead be transferred to another Association with a similar or related purpose and an equivalent provision in its rules.

34.  CUSTODY OF RECORDS

34.1      The Association will maintain office premises, a postal address, telephone service and electronic information and communication services required for the maintenance of Association records and for the provision of Member Clubs’ access to those records.

34.2      The Chief Executive Officer, the Finance Director and appointed officers of the Association will ensure that all books, documents and securities of the Association are kept in order and that reasonable access to those records is available to representatives of Member Clubs.

35.  FUNDS

35.1      The funds of the Association shall be derived from membership fees, competition entry fees, sponsorship grants and donations, the supply of specialised equipment to clubs, other trading in accordance with the Act, investments and such other sources as the Board determines.

36.  COMPETITION RULES AND CONDITIONS

36.1      The Association will develop and publish rules and conditions consistent with this Constitution, the Regulations and the Act, which govern the conduct of each of the competition sections provided by the Association, such Competition Rules being read in conjunction with Laws of Cricket as Adopted by the Victorian Cricket Association, but not including experimental laws unless specifically provided.

36.2      Once published, the Competition Rules may not be changed during the currency of the season, save and except that any urgent clarification recommended by the Board may be adopted subject to approval by a three quarters majority at the first scheduled General Meeting during the season, or if the clarification relates only to the conduct of finals, by a three quarters majority at the second scheduled General Meeting during the season.

36.3      As part of the Competition Rules, provisions may be specified for Member Clubs and Affiliates to register their players and officials with the Association and for the Association’s dealings with Registered Players, Club Officials and Independent Umpires, including provisions for enforcing standards of conduct.

37.  DISPUTES AND MEDIATION

37.1     The grievance procedure set out in this rule applies to disputes under this Constitution between

a Member Club and another Member Club;

 or

a Member Club and the Board of the Association.

37.2     The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all the parties.

37.3       If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days, hold a meeting in the presence of a mediator.

37.4          The mediator must be a person chosen by agreement between the parties; or in the absence of agreement – in the case of a dispute between a Member Club and another Member Club, a person appointed by the Board; or in the case of a dispute between a Member Club and the Board, a person who is a mediator appointed or employed by the Dispute Settlement Centre of Victoria (Department of Justice).

37.5          A member of the Board can be a mediator.

37.6          The mediator cannot be a member who is party to the dispute.

37.7          The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.

37.8     The mediator, in conducting the mediation, must-

            (a)            give the parties to the mediation process every opportunity to be heard; and

            (b)            allow due consideration by all parties of any written statement submitted by any party; and

            (c)            ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.

37.9     The mediator must not determine the dispute.

37.10   If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.