Back to top

2.12 Key terms

November 2019

The following key terms are used within the Running Your Club resource.

  • Act: Associations Incorporation Act 2009 (NSW).
  • Association: Includes a State Sporting Organisation, Regional Sporting Association, community club, company, firm, enterprise or other legal entity, whether incorporated or not, public or private, that has its own functions(s) and administration.
  • Board or executive or committee of management (the board): The board is a body comprised of the directors and includes executive committees of management, as per the Constitution of the club.
  • Coach: Person who is responsible for developing and improving the athletes and/or teams of the sports club.
  • Director: A person (office bearer) charged with the management (governance) of the club.
  • Duty of care: The duty to take care to refrain from causing another person injury or loss.
  • Fiduciary: Describes the relationship of one person to another, where the former is bound to exercise rights and powers in good faith for the benefit of the latter.
  • Governance: The processes and systems by which legal entities are controlled.
  • Insurance: A contract whereby the insurer agrees, for payment of a premium by the insured, to indemnify the insured against loss on the happening of certain events.  The insurance policy is the document that contains the insurance contract.
  • Intellectual property: All rights or goodwill subsisting in copyright, business names, names, trademarks (or signs), logos, designs, trade secrets, know-how, equipment, images (including photographs, videos or films) or service marks (whether registered or registrable) relating to the club or any event, competition or club activity of or conducted, promoted or administered by the club, whether past, present or future.
  • Liability:  Subject to a legal obligation, or the obligation itself; a person who commits a wrong or breaks a contract or trust is said to be liable or responsible for it under the Act.
  • Non-profit: According to the Australian Tax Office, a non-profit organisation is any organisation which does not operate for the profit or gain of its individual members, whether these gains would have been direct or indirect. This applies while the organisation is operating and when it winds up.  A non-profit organisation can make a profit, but it must be used to carry out its purposes, according to its constitution, and not be distributed to any of its members. 
  • Office bearers: Office bearers are re individuals elected or appointed to boards or committees of sporting clubs or associations, who are often seen as community sports leaders. Club office bearers typically have higher levels of involvement and are responsible for running their club.  They have specific legal obligations as directors and are often given titles including: committee member, sports administrator, president, chairperson, treasurer, secretary, public officer or member protection information officer. 
  • Official: The term “official” is commonly used to describe two separate groups of people involved in club sport. It can be used to describe internal club positions like registrar and team manager and it can also be used to describe the group of people who adjudicate or officiate during actual competition.
  • Regulations: Sometimes referred to as by-laws, these are the key rules and policy documents that clubs use to address a range of issues, such as disciplinary processes, election procedures, member protection, anti-doping, grievance handling, financial management and sporting matters like anti-doping (subject to the relevant National Sporting Organisation).
  • Sport volunteer: A representative from the community who freely chooses to give their time, skills and experience to support their sport or recreation activities. 
  • Stakeholders: Those people and clubs who may affect, be affected by, or perceive themselves to be affected by, a decision or activity of the club.
  • Sub-committee: The body that is delegated authority by the board or committee to undertake tasks on behalf of the board or committee.
  • Workforce: Developing a competent and capable workforce of volunteers and paid staff is critical to the development of the sporting industry in NSW. Workforce planning is a continual process used to align the needs and priorities of the organisation with those of its workforce to ensure it can meet its legislative, regulatory, service to members and organisational objectives. 

Disclaimer

As with any resource, this does not replace obtaining legal advice on each sport specific requirement and it is recommended you do so. 

The information provided in this resource is for your information only.  The authors and the NSW Office of Sport accept no responsibility for the accuracy of the information or your reliance upon it.