CLUB GOVERNANCE 101 - Sanfl-media.s3.ap-southeast-2 .

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SANFL - Community Football LeagueDevelopment Forum29 February 2020 CLUB GOVERNANCE 101Mike PenfoldCEO Clubs SA

Club GovernanceThe Committee manages the affairs of the Club byoverseeing its activities and operations.It is not performing the activities or operationswithin the Club.

Club GovernanceMost Clubs in SA are incorporated associations underthe Incorporated Associations Act 1985Therefore by Law, the Committee is responsible for theaffairs and performance of the ClubYour Club has a number of stated, mandatoryrequirements:

The ConstitutionA Constitution (rules) is a mandatory obligation for Clubs under LawThe Essentials Name of the Association Appointing an Auditor Objects of the Association Appointing a Public Officer Membership of the Association Start and finish date of your Financial Year Composition of Committee and how elected Special General Meetings and the AGM Powers of the Association Winding Up Powers and Responsibilities of the Committee

The Constitutioncbs.sa.gov.au

The ConstitutionConstitution Tips Plain English Contemporary Keep it as open ended as possible Make amendments worthwhile Pinch a good template!

The CommitteeCommittee Operational Tips Committee Composition:- 6 to 10 members ideal- 5 elected positions and max of 3 skills based appointments- 2 or 3 year terms Must have a President, Treasurer and Secretary Meet at least 6 times per year, more is better Paid Club employees on committees should be discouraged Committee members must have an understanding of their roles andobligations

The CommitteeCommittee Conduct Act transparently, openly and honestly Ensure fairness and equity Listen to the views of the members, volunteers,community etc Work together to drive the Club’s objects and vision Maintain confidentiality

The CommitteeAssociations Incorporation Act 198539A—Duties of officers etc(1) An officer of an incorporated association must not, in the exercise of his or her powers or the discharge of the duties of his or her office, commit an act with intentto deceive or defraud the association, members or creditors of the association or creditors of any other person or for any fraudulent purpose.Maximum penalty: 20 000 or imprisonment for four years.(2) An officer or employee of an incorporated association, or former officer or employee of an incorporated association, must not make improper use of informationacquired by virtue of his or her position in the association so as to gain, directly or indirectly, any pecuniary benefit or material advantage for himself or herself orany other person, or so as to cause a detriment to the association.Maximum penalty: 20 000 or imprisonment for four years.(3) An officer or employee of an incorporated association must not make improper use of his or her position as such an officer or employee so as to gain,directly or indirectly, any pecuniary benefit or material advantage for himself or herself or any other person, or so as to cause a detriment to the association.Maximum penalty: 20 000 or imprisonment for four years.(4) An officer of a prescribed association must at all times act with reasonable care anddiligence in the exercise of his or her powers and the discharge of the duties of his or her office.Maximum penalty: 1 250.(5) A person who contravenes a provision of this section is liable to the association for any profit made by him or her and for any damage suffered by the association asa result of that contravention

The CommitteeTips to Ensure that your Committee Acts Lawfully All committee members are lawfully appointed Clubs that hold a liquor licence - CBS is notified ofchanges to your Committee The Club has a formally appointed Public Officer All committee members have a clear understandingof their legal obligations

The Committee Obtain the appropriate insurance cover The committee has a quorum at its meetings The committee follows due process for formallyapproving decisions (resolutions) A signed copy of the Minutes is kept

MeetingsTips for Conducting Efficient and Effective CommitteeMeetings Committee meeting dates are scheduled well in advance The Agenda and any associated Papers are distributed to thecommittee members in a timely manner All Papers etc should be assumed to be “as read” by thecommittee prior to attending the meeting Achieve outcomes at each meeting

MeetingsTheAgenda

Money MattersFinancial Reporting Tips AIA - “A Club must keep such accounting records tocorrectly record and explain the transactions of theclub and the financial position of the club.” Minimum - Balance sheet, P&L, Cash flow andbudget All Board Members must have a basic understandingof a balance sheet, a P&L, a cash flow and a budget

Money MattersFinancial Oversight Tips The Clubs total assets are more than its totalliabilities The Clubs current assets are more than its currentliabilities The Club’s equity is equivalent to at least threemonths of its operating costs

Money MattersFinancial Oversight Tips Finances must be made available to the Members Ensure that your Club has systems in place toapprove expenditure, payments, reimbursementsetc. Prescribed Clubs must have their accounts audited

STRATEGICvOPERATIONAL

The Strategic PlanWHY?To identify how your club is positioned now; where itneeds to head; how you are going to get there 3 to 5 year outlook Strategic Planning is the “What” Defines the Club’s goals and strategies

The Strategic PlanA Strategic Plan contains a: VisionMission/PurposeValuesGoalsStrategiesKeep the Plan short, simple and open endedStrategic Items can also arise during the course of the year

The Operational PlanOperational Items (Business Plan) 1 Year OutlookOperational Planning is the “How”Includes projects and activitiesDefines the roles, responsibilities and theoutcomesAgain, keep it simple

PlanningHot TopicLease Agreements!!

Other Necessary Governance PracticesRisk ManagementRisks: Hazards Financial People Regulatory ReputationalRisk is mitigated not eliminated

Other Necessary Governance PracticesHaving Policies and Procedures Manages riskSets boundariesCreates consistencyIncreases accountabilityMeets legal requirementsSaves time, effort and moneyImproves the Club’s reputation and itsperformance“Pinch” them

Other Necessary Governance PracticesComplianceCreate a Register with timelines (the what and when)Compliance examples: Obligations under the Associations IncorporationAct 1985 Insurance Taxation Volunteer approvals Liquor Licensing

ONLY A PHONE CALL AWAY!CLUBS SA HAS A TEAM OF SPECIALISTS IN LIQUOR AND GAMBLINGLEGISLATION, WORKPLACE RELATIONS, WHS AND CLUB GOVERNANCE ETC, ETC We provide practical, easily understood advice on Club operational mattersWe offer advice and guidance in plain English on Club regulatory & technical issuesWe provide the tools and resources, including templates, to operate your ClubWe successfully advocate on your behalf with the Government and MPs to obtain thebest possible outcomes for ClubsMike PenfoldCEOM: 0400 242 272E: mpenfold@clubssa.com.auChristine CarterMembership ManagerM: 0437 95 95 89E: ccarter@clubssa.com.auPRIVATE AND CONFIDENTIAL All information contained herein remains the property of Clubs SA. No part of this work maybe reproduced in any form without prior approval from Clubs SA.

Money Matters Financial Reporting Tips AIA - “A Club must keep such accounting records to correctly record and explain the transactions of the club and the financial position of the club.” Minimum - Balance sheet, P&L, Cash flow and budget All Board Members must have a basic understanding of a balance sheet, a P&L, a cash flow and a budget

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