A constitution is a set of written rules and objectives, agreed upon by your organisation’s members, that governs the way your football Club is run.
It will provide direction and guidance to your members and third parties. It formalizes the name, objectives, structure/method of management and other conditions in which your Club or group operates. Importantly, it should set out the process for how a person becomes a member of the Club, the voting power of each member and the powers of the Committee or Board in running the Club.
A Constitution also provides guidance as to the reason why your Club exists.
Football Clubs across the country vary in size, complexity and operation. Therefore, there is some flexibility in how each Club may be governed and what is contained in each Club’s Constitution and By-Laws.
However, all Clubs must ensure that they continue to meet their basic regulatory compliance obligations under the relevant State based regulatory authority or the Australian Securities and Investments Commission ("ASIC") as required.
A robust governance framework in a Club’s Constitution provides for accountability, contestability and transparency.
Examples of model rules compliant with the relevant state or commonwealth regulations can be found below and are a useful starting point for drafting your Club’s Constitution.
Similarly there are additional reference sources provided from Sports Australia and some state based Departments of "Sport".
It must also be noted that a Club's governing body at a State, Branch, Zone or Association level may require it to include certain provisions in the Club’s Constitution. Their guidance will also be valuable as your Club establishes or modifies its Constitution. Your Club’s objectives should be consistent with those of your State or Territory governing body.
Sport Aus - Sports Governance Principles
Sport Aus - Constitutional Guidance
Australian Capital Territory - Access Canberra
New South Wales – Fair Trading
New South Wales – Office of Sport
South Australia - Consumer and Business Services
Tasmania - Consumer, Building and Occupational Services
Western Australia – Department of Local Government, Sport and Local Industries