BY-LAWS of THE WESTERN AUSTRALIAN ICE SKATING ASSOCIATION (INC).

BY-LAW 1:

CHAMPIONSHIPS

(a) All entrants to the 2005 Western Australian Championships must have competed in the 2005 Gala and the 2005 Mary-Ellen Holland Competition.

Exceptions to the two mandatory competition By-Law are Aussie Skate Competitors, Novice Synchronised Teams and Adult Synchronised Teams who need only compete in either the Gala or the Mary-Ellen Competition.

(b) Exemptions may be made upon application, at the discretion of Council. Generally such exemptions will only be made for circumstances such as illness or injury, or overseas or interstate training or competition requirements.

In such cases, Council may require that alternate criteria (e.g. fitness tests or skate-offs) are met.

BY-LAW 2:

COMPETITIONS AND STATE CHAMPIONSHIPS

2.1 STATE REPRESENTATION

Only Members of the Association who are Australian citizens or have been a resident of Australia for a period of not less than 12 months shall be eligible to represent Western Australia at the Australian Figure Skating Championships in the disciplines of Figure Skating or Ice Dancing.

2.2 ELIGIBILITY (Addendum to Eligibility Rule: Section 28 of the Constitution)

(a) Participation in a Western Australian Championship event or Competition is open to persons belonging to the Association, who are eligible in accordance with the ISU Eligibility Rules.

(b) The Council may, in its discretion, allow persons belonging to another ISA or ISU member to participate in a Western Australian Championship event or Competition as an "Invited Participant".

(c) Invited participants from other ISA or ISU members competing in a Western Australian Championship event or Competition, must meet ISA specified test requirements, or their own equivalent, and may not compete in a lower division than that in which they have competed in their home state or country.

2.3 TITLES

(a) The title "Western Australian Champion" shall be awarded only to a Member of the Association who is an Australian citizen or has been a resident of Australia for a period of not less than 12 months at the time of the commencement of the applicable Western Australian Championship event or Competition.

(b) Subject to 2.3.(a) - The title "Western Australian Champion" shall be awarded to the winner of each event at the Western Australian Championship Meeting, in as many divisions of figure skating, pair skating, ice dancing and synchronised skating as the Council shall determine.

2.4 AWARDS

(a) Gold, Silver and Bronze medals will be presented to the Champion and the second and third placed competitors respectively.

(b) Invited participants from other ISA or ISU members, who place in any of the three positions in a Western Australian Championship event or Competition, will be given appropriate medals and certificates, in addition to the medals and certificates awarded to the three highest-placed Western Australian competitors.

2.5: COMPETITION REFUNDS & LATE ENTRIES

Refunds for all State run Competitions (excluding Aussie Skate Competitions and medical exemptions) will have the following conditions applied :

2.5.1: Refunds

(a) Skaters who withdraw from a State Competition prior to the draw thereof will refunded the entry fee less $10.

(b) Skaters who withdraw from a State Competition after the draw thereof will not receive a refund.

2.5.2: Late Entries

(a) A Competition Entry will be deemed 'late' if it is postmarked after the stated closing date as shown on the Competition announcement.

(b) A 'late' entry will incur a 'late' fee of $35.00 per entry that must be paid before the draw of the Competition. Late entries will only be accepted up until the draw for the Competition or at the discretion of Council.

BY-LAW 3:

TESTS

3.1: Withdrawals

A test candidate who withdraws from a scheduled test due to injury or illness may, at the Test Convenor's discretion, have the test fee credited towards a later testing session. Reasonable time for recovery will be permitted, after which the test must be taken at the next available testing session.

3.1.1: A test candidate who withdraws from a test for any reason other than injury or illness shall be entitled to no refund or test credit.

3.1.2: Council will review an appeal only if it relates to a discretionary decision made by the Test Convenor under this rule.

3.2: Repeat Tests

A candidate who has failed a test shall not be entitled to be judged again for that test prior to the 28th day following the failed test. (ISA Rule 404)

BY-LAW 4:

UNIFORM REGULATIONS

(a) Members who have competed at a National Championship, or who have been nominated to and shall compete at the next National Championship are eligible to purchase and wear the "State Representative" tracksuit if nominated as a Single skater or Ice Dancer,  or the "State Synchronised Ice Skating Team" tracksuit if nominated as part of a Synchronised Ice Skating Team.

(b) The "State Representative" tracksuit or the "State Synchronised Ice Skating Team" may only be purchased through the Council.

(c) No embroidery or other design alterations may be made to a State Representative or State Synchronised Ice Skating Team tracksuit unless approved and arranged by Council.

(d) All Members competing at the National Championships are required to wear the State Representative or State Synchronised Ice Skating Team tracksuit whichever is applicable (Jacket only permitted) when attending the competition venue.

International Representatives are exempt from By-Law 4 (d) provided that they are wearing an Australian or ISA International Representative jacket.

BY-LAW 5:

AFFILIATION

Any club desiring to become affiliated to the Association shall make application to do so in writing to the Council.

(a) Such application for affiliation shall be accompanied by the correct affiliation fee, as determined by the Council from time to time, and this shall be deemed to be acceptance of the Constitution and submission to the by-laws of the Association.

(b) An Affiliated Club may nominate a representative to the Council to represent the club at meetings as provided for in this Constitution. Such representative must be a Full Member of the Association.

(c) An Affiliated Club must forward to Council, by February of each year, a Sponsorship Subsidies Report for the club's sponsorship activities for the period 1st January to 31st December of the previous year.

(d) The Council may refer to such information that it deems appropriate and may make such inquiries that it deems necessary to determine the suitability and/or eligibility of a club to become affiliated or to renew affiliation. The decision of the Council on any application for affiliation shall be final.

BY-LAW 6:

INSURANCE

The Association shall effect and maintain the following insurance:

  • Amateur Accident Insurance for skaters.

  • Public Liability/Professional Indemnity Insurance.

  • The cost of such insurance shall be recovered from membership fees, an additional levy payable with membership fees, or other means as deemed appropriate by Council.

BY-LAW 7:

CODE OF ETHICS

Membership to the Western Australian Ice Skating Association carries with it an automatic requirement that courtesy and due consideration be shown at all times.

It is every Member's responsibility to uphold this requirement and to make the sport of figure skating as pleasant as possible for all participants. Please:

  • be courteous and pleasant to fellow skaters and officials, both on and off the ice.

  • think before you speak or act.

  • do not indulge in verbal or physical exchanges from which abuse or violent behaviour may result.

  • Bad behaviour both on and off the ice can result in suspension from competition and test sessions.

  • The officials and judges of WAISA give their time generously so that skaters can have competitions and tests. They deserve the support of all Members.

  • Loud and public criticism will not be tolerated.

BY-LAW 8:

GRIEVANCES

(a) All Members shall have the right to lodge notice of grievance to Council. Such grievance may relate to but need not be limited to:

  • Decisions of Council.

  • Actions of Council.

  • Actions or behaviour of Office Bearers or Council members.

  • Actions or behaviour of Association Members.

  • Actions or behaviour of other persons.

(b) Such grievance should be brought to the attention of Council by the Member. The Council shall as soon as is practicable investigate or appoint a grievance committee to investigate the grievance under the following Grievance Procedure.

8.1: GRIEVANCE PROCEDURE

8.1.1: Grievance tabled at first available Council Meeting.

(a) All grievances must be made to the Council in writing, signed by the complainant and wherever possible, corroborated and signed by at least one witness to the subject of the grievance.

(b) All grievances must be handed or mailed directly to the duly elected Grievance Officer or the Honorary Secretary.

(c) The grievance is to be tabled at the appropriate time during the first available Council meeting.

(d) Depending on the seriousness or urgency of the grievance, the Grievance Officer may, through the Secretary, call for a special Council Meeting to be convened to deal with the grievance.

8.1.2: The Council decides whether to appoint an ad-hoc committee.

(a) The Council shall decide whether or not to allow the Grievance Officer to handle the matter independently, or whether to appoint an ad-hoc committee to assist.

(b) This will depend on many things, but mainly:

  • The seriousness of the grievance.

  • The complexity of the grievance.

  • The specialist nature of the grievance.

(c) In the case of a conflict of interest, the Grievance Officer may be precluded from any further matters concerning a particular grievance, otherwise the Grievance Officer shall be the head of any ad-hoc committee.

(d) The members of an ad-hoc committee must also be free of any conflict of interest.

(e) A conflict of interest is only said to occur when a person has a direct involvement with the grievance, those parties involved or cannot otherwise distance themselves from the investigation process.

8.1.3: Grievance Officer / ad-hoc committee investigates grievance

(a) The Council shall clearly define the Terms of Reference for any investigation.

(b) The investigation shall be conducted expediently, discreetly and in accordance with the terms of the WAISA Constitution. The investigation shall remain within the Terms of Reference specified by the Council.

(c) A progress report shall be made by the Grievance Officer at the appropriate time at every subsequent Council Meeting and shall also keep all concerned parties informed of the progress of the investigation.

(d) Whether or not the grievance appears to warrant it, all evidence gathered (i.e. witness statements) must be in writing, signed and witnessed unless the people concerned are to address the Council in person.

(e) Hearsay (verbal or unsigned) evidence cannot be proved, disproved or cross-examined and the Council should not be put in a position to decide matters on such evidence.

(f) At all times, those persons wishing to appear before the Council are to be encouraged to do so.

(g) Any person giving evidence before the Council shall do so in camera at the appropriate time during a Council Meeting.

8.1.4: Grievance Officer / ad-hoc committee prepares a written report

(a) A full, written report containing all relevant documents and other evidence is to be prepared by the Grievance Officer or otherwise the head of the appointed ad-hoc committee.

(b) The report is to be on the findings of the investigation only and entirely within the Terms of Reference of the Investigation.

(c) The report is to be factual and objective.

(d) The report is not to be speculative, provocative or otherwise open to interpretation.

(e) The report is not to draw any conclusions as a result of the investigation undertaken. This is the responsibility of the full Council.

8.1.5: Council deliberates and delivers a decision on the grievance.

(a) Once the report is presented to the Council, the Chairperson shall lead a discussion on the findings of the report.

(b) At this point, the Council can proceed in the following ways:

Call for persons to appear before the Council to provide further evidence, and/or Call for further evidence or statements to be gathered, and/or Go outside the Council for advice, clarification or guidance on any matter relating to the grievance.

When the Council is satisfied that all evidence has been presented and all provisions of the WAISA Constitution have been met, the investigation shall be closed and the ad-hoc committee dissolved.

(c) The Council then deliberates and hands down a decision.

8.1.6: Council informs all concerned parties of the outcome.

(a) Whatever actions that are deemed necessary by the Council for the conclusion and resolution of the Grievance shall be carried out by those Councillors appointed to do so, in an expedient and discreet manner.

(b) Those persons directly involved in the instigation, proceedings and/or outcome of the grievance shall be informed by the Council, in writing, of any decision or other outcome relevant to them.

(c) All documents, reports (including all relevant minutes) and other evidence relating to the grievance, the investigation and its outcome shall be kept and securely filed by the Hon. Secretary for a period of 5 years. They shall not be re-opened unless by Special Resolution of Council.

BY-LAW 9:

SPONSORSHIP & PAYMENTS TO SKATERS

Sponsorship & Payments to skaters shall in accordance with ISU & ISA Regulations.

ISA Rule 805

Any sponsorship, including expenses of travelling, accommodation and training may be paid to a person through the Association or a State association, but must not be paid direct to persons by a sponsor or promoter except with the express and prior permission of the Association or a State association.