The Western Australian Ice Skating Association (Inc.)
CONSTITUTION

As proposed and accepted at the AGM held 30th October 2005.

SECTION 1: NAME.

The name of the association is ‘THE WESTERN AUSTRALIAN ICE SKATING ASSOCIATION’. In this constitution, ‘Association’ means the Western Australian Ice Skating Association; ‘Council’ means the Council of the Association; ‘Member’ means a member of the Association; and ‘Affiliated Club’ means a skating club affiliated with the Association.

SECTION 2: OBJECTS OF THE ASSOCIATION.

The objects of the Association are:

(a) To guide, further and promote ice skating in all its branches, excluding speed skating and ice hockey.

(b) To establish, maintain and improve standards of figure skating.

(c) To conduct championships, tests of proficiency and competitions in figure skating.

(d) To provide and supervise uniform regulations for tests and competitions.

(e) To promote and foster the objects of Ice Skating Australia Incorporated (ISA) to the end that there shall be uniform regulations for figure skating throughout the Commonwealth of Australia.

SECTION 3: ORGANISATION AND MANAGEMENT.

(a) The elected Council, as provided for in this constitution, shall manage the affairs of the Association.

(b) The Council shall have power, subject to this constitution, to raise and apply the funds and property of the Association in whatever manner the Council considers proper in implementing the objects of the Association.

(c) The provisions of this constitution conferring specific powers on the Council shall be read as additional to and not in any way limiting the general power to implement the objects of the Association.

(d) The Common Seal of the Association shall be in the custody of the Honorary Secretary and shall be affixed to any document only pursuant to a resolution of the Council. The fixing of the Seal shall be witnessed by the President or Vice-President or Honorary Treasurer.

SECTION 4: MEMBERSHIP

Membership of the Association shall be open to individuals accepted to membership as hereinafter provided. Individual members shall belong to one of the following classes:

(a) Full members - being persons aged 16 years and over who are eligible persons as hereinafter defined and who have applied for Full Membership and whom the Council have admitted to Full Membershipas provided in this constitution.

(b) Junior members - being persons under the age of 16 years who are eligible persons as hereinafter defined and have applied for Junior Membership and whom the Council have admitted to Junior Membership as provided in this constitution.

(c) Associate members - being eligible or ineligible persons as hereinafter defined, of any age, who have applied for Associate Membership and whom the Council have admitted to Associate Membership as provided in this constitution.

(d) Honorary members - title bestowed on members of the Association, subject to the provisions of Section 6 of this Constitution. Honorary members are persons who do not pay membership fees. They may be:

    (i) Honorary Full Members or

    (ii) Honorary Associate Members.

SECTION 5: MEMBERSHIP APPLICATION

Any person desiring to become a member of the Association shall make application to do so in writing to the Council:

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

(b) The Council shall consider every application for membership and every application for renewal of membership within 30 days of the Council meeting at which the application was submitted. Any application for membership or application for renewal of membership not dealt with by the Council within 90 days of receipt of the application by Council, shall be deemed to have been accepted.

(c) 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 an applicant to become a member or to renew a membership. The decision of the Council on any application for membership shall be final.

(d) Once accepted, a person shall remain a member until resignation, expulsion or membership ceases.

(e) A member may resign membership at any time provided that all monies due to the Association, to the date of resignation, are paid.

(f) Any member who has not paid the subscription for the current year within 30 days of the date of the Annual General Meeting shall cease to be a member.

(g) A list of the members of the Association shall be kept by the Honorary Secretary and shall be available for inspection by any member to determine whether or not a particular person is a member of the Association.

(h) The list of members shall close on 30 September at the end of each year of the Association. In accordance with clause 11(e) of the constitution, only those members who were listed as current members at that date are eligible to attend the Annual General Meeting and/or vote.

(i) Membership applications for the ensuing year may be received as of 1 October, but membership will not be effective until after the closure of the Annual General Meeting.

(j) New applicants, who apply for membership on or after 1 October but before the Annual General Meeting, may be deemed financial members of the Association, but only for the purpose of participating in Competitions or National Tests during this period.

SECTION 6: HONORARY MEMBERSHIP

(a) Honorary membership may be granted by the Council or the Association to honour persons who have rendered valuable service to the Association or to ice skating.

(b) Honorary membership may be bestowed for life or for a specified period of time.

(c) Acceptance of membership by an Honorary member shall be deemed acceptance of this constitution and submission to the by-laws of the Association.

SECTION 7: 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 this 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 or Full Honorary Member of the Association.

(c) 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.

SECTION 8: GRIEVANCE

(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:

    (i) Decisions of Council

    (ii) Actions of Council

    (iii) Actions or behaviour of Office Bearers or Council members

    (iv) Actions or behaviour of Association Members

    (v) 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.

SECTION 9: INQUIRIES

(a) Council or a committee appointed by Council shall investigate all grievances lodged with Council.

(b) Council or a committee appointed by Council may also investigate inappropriate actions or behaviour or perceived inappropriate actions or behaviour with or without a grievance being lodged.

(c) Any person subject to an inquiry shall be afforded the opportunity to be heard before the Council.

SECTION 10: SANCTIONS

(a) Following inquiries pursuant to section 9 of this Constitution sanctions may be imposed for the following reasons:

    (i) Inappropriate actions by a member of Council.

    (ii) Verbal or physical abuse of members, the general public or ice rink personnel.

    (iii) Refusal to abide by the Constitution, By-laws of the Association, or rules and regulations of the Association which may be introduced by the Council from time to time.

    (iv) Behaviour which may, in the opinion of the Council, bring the sport of ice skating or the Association into disrepute.

    (v) Refusal to abide by directives of Council or Association officials during Association events or activities.

    (vi) Such other reasons as may be deemed appropriate by Council.

(b) Sanctions that can be imposed:

    (i) Formal caution

    (ii) Suspension of some or all membership entitlements.Such entitlements shall be specified and the term of any such suspension shall be defined.

    (iii) A member may be requested to resign from the association or be expelled from the association:

      a) If a member requested to resign does not do so within 21 days of such request, the Council may expel the member from the association.

      b) A member resigning pursuant to a request from the Council orexpelled from membership by the Council, shall not again become a member without the express approval of the council.

      c) Proceedings of the Council under this Section shall be Special Business of Council, as provided for in Section 22.

SECTION 11: ANNUAL GENERAL MEETING

The Annual General Meeting of the Association shall be held in the month of October each year on a day to be fixed by the Council.

(a) The business of the Annual General Meeting shall be:

    (i)to confirm the minutes of the preceding Annual General Meeting

    (ii) to receive the report of the Association’s activities for the preceding year

    (iii) to receive the financial statements for the preceding year

    (iv) election of Office Bearers and Council members

    (v) to appoint an Auditor

    (vi) to deal with such items of business of which written notice has been received by the Honorary Secretary not later than 30 September in each year.

(b) No other business shall be transacted at an Annual General Meeting.

(c) Notice of meeting shall, where practicable, be placed on Association notice boards of each ice skating rink in Western Australia. In addition, the notice must be given to each affiliated club and to each member by posting to their last known address on or before 15 September of that year.

(d) The agenda for the meeting shall, where practicable, be placed on Association notice boards of each ice skating rink in Western Australia. In addition, the agenda must be given to each affiliated club and to each member by posting to their last known address not less than 14 days before the date set for the Annual General Meeting.

(e) In accordance with clause 5 (h) of the constitution, current members of the Association shall be entitled to attend the Annual General Meeting and may participate in any discussion of business which is on the agenda for the meeting. However, only Full Members, Full Honorary members and a representative from each Affiliated Club shall be entitled to vote.

(f) All resolutions passed at an Annual General Meeting, other than those relating to constitutional changes, will be passed by a simple majority vote of the members present and entitled to vote. In the event of an equality of votes, the Chairperson of the meeting shall have a second or casting vote.

SECTION 12: EXTRAORDINARY GENERAL MEETING

An Extraordinary General Meeting of the Association may be convened at any time by the Council or by a request made in writing to the Honorary Secretary and signed by 10 Full Members or Honorary Full Members.

(a) If an Extraordinary General Meeting is not convened within four weeks of the receipt of a request in writing, the meeting may be convened by the persons making the request.

(b) Notice of an Extraordinary General Meeting shall, where practicable, be placed on Association notice boards of each ice skating rink in Western Australia.In addition, the notice must be given to each affiliated club and to each member by posting to their last known address not less than 14 days before the date set for the meeting.

(c) The persons entitled to attend and vote at an Extraordinary General Meeting of the Association shall be as specified for the Annual General Meeting, except that the list of current members for an Extraordinary General Meeting shall close on the date of issue of the notice calling the meeting.

SECTION 13: QUORUM FOR GENERAL MEETINGS

The quorum for any General Meeting of the Association shall be 10 Full Members or Honorary Full Members.

SECTION 14: CHAIR PERSON FOR GENERAL MEETINGS

The President, or in the President's absence, the Vice-President of the Association, shall act as Chairperson of every General Meeting of the Association. In the absence of the President and the Vice-President, the meeting shall elect a Chairperson from amongst the Full Members and Honorary Full Members present.

SECTION 15: OFFICE BEARERS AND COUNCIL

At the Annual General Meeting there shall be elected by secret ballot from the Full Members and Honorary Full Members of the Association, a President, a Vice-President, an Honorary Secretary, an Honorary Assistant Secretary, an Honorary Treasurer, an Honorary Assistant Treasurer and eight (8) elected Council members.

(a) No member who is not an eligible person as defined by the ISU Rules, or who has not attained the age of 18 years, shall be eligible to hold office or be a member of Council.

(b) Except as provided for in clause 16 (c), no member shall be eligible to be elected to the position of President, Vice-President, Honorary Secretary or Honorary Treasurer unless that person has served not less than 11 months as a Council member.

(c) Nominations for office bearers and elected Council members shall be made in writing, signed by the candidate and by a nominator and a seconder, both of whom shall be Full Members or Full Honorary, Members of the Association, and shall be lodged with or postedto the Honorary Secretary so as to be received at least seven clear days before the date of the Annual General Meeting. The Honorary Secretary shall, as soon as is practicable, provide written acknowledgement of each nomination to the nominee.

(d) The Honorary Secretary shall make available on request, 72 hours before the meeting, to any member entitled to vote, the names of all persons nominated for election and the positions for which they are nominated.

(e) If after the conclusion of the election for office bearers and elected Council members, there remain unfilled positions, nominations of members present and eligible to hold such positions may be accepted from the floor.Such nominations must be made and seconded by Full Members or Honorary Full Members and accepted by the nominee. The election for such vacancies shall be conducted by secret ballot of those Full Members and Full Honorary Members present.

(f) In the event of no eligible nominations being received for the position of President, Vice President, Honorary Secretary or Honorary Treasurer, a casual vacancy shall be deemed to exist for such position and shall be filled by the Council in accordance with clause 16 (c) of the constitution. In this event and upon the close of the meeting, the President or Honorary Secretary shall call a Council meeting under the provisions of Sections 20 and 21 of this constitution

(g) In the event of no nominations being received for the positions of both President and Honorary Secretary, the Chairperson of the AGM shall remain in the chair until the close of the meeting at which time the Chairperson of the AGM shall call a council meeting under the provisions of Sections 18, 20 and 21 of the constitution.

SECTION 16: CESSATION AND VACANCIES OF OFFICE

(a) An office bearer or Council member ceasing to be a member of the Association shall cease to hold office, or be a Council member.

(b) No member of the Council or Office Bearer who is disqualified from exercising rights of membership under any provision of this constitution shall take part in any proceedings of the Council.

(c) Any vacancy on the Council, shall be filled by the Council and a person appointed to fill such vacancy shall remain in office for the duration of that term. Failure to elect or non-acceptance of office shall be deemed to create a casual vacancy.

SECTION 17: ADDITIONAL COUNCILLORS

The Council may elect from among the Full Members and Honorary Full Members of the Association, additional members to the Council not exceeding four.

SECTION 18: PROCEEDINGS OF THE COUNCIL

The President or in the President’s absence the Vice-President, shall be Chairperson of all meetings of Council and shall be a member of all committees appointed by the Council. The Honorary Secretary and Honorary Treasurer shall be ex officio members of all committees appointed by the Council.

(a) According to the provisions of 15(g), 20(d) and 21(b), where no President nor Vice President has been elected by an AGM, the Chairperson of such AGM shall be Chairperson of the special meeting of Council but shall have no vote unless duly elected as an Office Bearer or member of Council.

SECTION 19: COUNCIL COMPOSITION

The Council shall consist of the President, Vice-President, Honorary Secretary, Honorary Assistant Secretary, Honorary Treasurer, Honorary Assistant Treasurer, eight elected Councillors, any additional members elected by the Council under the provisions of Section 17 of the constitution and a representative of each affiliated club.

SECTION 20: MEETINGS OF THE COUNCIL

A meeting of the Council may be convened at any time:

(a) by the President

(b) by the Honorary Secretary after requestion in writing by five Council members

(c) by any Council member if no meeting has been convened by the Honorary Secretary within 14 days of a requisition in writing made by five Council members.

(d) by the Chairperson of an Annual General Meeting upon the close of such meeting, according to the provisions of Section 15 Clause (g).

SECTION 21:- NOTICE OF COUNCIL MEETING

(a) Notice of a Council meeting shall be given in writing to each member of the Council at least seven clear days before the date of the meeting. The notice shall specify the date, the time and the place of the meeting and, so far as practicable, the business to be transacted.

(b) With the consent of all Council members present, or as required by Section 16 Clause (f) or (g) of the Constitution, notice of meeting not given in accordance with Section 21 Clause (a) shall be deemed sufficient, providing that not less than two thirds of all council members and office bearers are present or have given written apology of absence.

SECTION 22: COUNCIL BUSINESS

(a)All matters arising at a meeting of the Council, except matters described as Special Business, shall be decided by a simple majority of the votes cast on any question. Each member of the Council shall have one vote only on any matter. In the event of an equality of votes, the Chairperson of the meeting shall have a second or casting vote.

Special Business of the Council shall be:

    (i) Proceedings for the expulsion of any member

    (ii) Dealings with capital funds of the Association

    (iii) Proceedings with reference to eligibility or the disqualification of a member.

    (iv) The making of or alteration to the by-laws of the Association

    (v) Proceedings for the disqualification of an affiliated club.

    (vi) Proceedings with reference to Sanctions against a member.

(b) A matter of Special Business arising at a meeting of the Council shall require a two-thirds majority of those present and voting, each member having one vote only.

SECTION 23: QUORUM FOR COUNCIL MEETING

The quorum for a meeting of the Council shall be six council members.

SECTION 24: PROGRAMME OF EVENTS

The Council shall as soon as practicable after the Australian National Championships:

(a) Fix the dates and times of the Western Australian Championships for the next calendar year.

(b) Fix a programme of events covering competitions and tests for the next calendar year.

(c) Appoint such committees as are required.

(d) The Council may from time to time during the year appoint such other committees as may be deemed necessary and fill casual vacancies or from time to time appoint and remove members of any such committee.”

SECTION 25: COMMITTEE APPOINTMENT

Appointment of a person to a committee shall be dependant on that person remaining a financial member of the Association.

SECTION 26: FINANCE

(a) The finances of the Association shall be kept under the supervision of the Council by the Honorary Treasurer.

(b) All monies received on behalf of the Association by any person other than the Honorary Treasurer shall be transmitted to the Honorary Treasurer as soon as is practicable.

(c) All payments on behalf of the Association shall be made out of the Association Bank Accounts by order of the Council. The Council shall arrange that such accounts shall not be drawn upon save by cheques signed by the Honorary Treasurer and countersigned by either the President or the Honorary Secretary.

(d) The Honorary Treasurer shall keep such banking accounts as are required and authorised by the Council.

(e) The Honorary Treasurer shall pay all monies received into the Association Bank Account or accounts and shall keep full accounts of all monies received and paid on behalf of the Association. The accounts of the Association shall be closed on the 30th day of June in each year. As soon thereafter as is practicable, the Honorary Treasurer shall submit the accounts together with all proper vouchers and documents connected therewith to the Auditor. The Auditor shall complete the audit of the accounts of the Association as soon as is practicable and the accounts duly audited shall be presented at the ensuing Annual General Meeting.

(f) The income and property of the Association, wherever derived, shall be applied solely towards the promotion of its objects as set forth in this Constitution and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise to its members provided that nothing herein shall prevent the payment in good faith or remuneration to any officer or servant of the Association for services actively rendered to the Association.

SECTION 27: COMPETITION

All championships and competitions held by the Association and all competitions conducted by the Association on behalf of any other person or body shall be confined to eligible persons unless otherwise expressly stated in the announcement of the event.

SECTION 28: ELIGIBILITY

An eligible person is one who meets the eligibility rules of the ISU.

A person shall not be deemed ineligible, or be disqualified in the case of :

(a) Writing for remuneration of books or articles not being reports by competitors of competitions in which they participate

(b) School teachers who give instructions in skating to their school pupils and who receive no additional remuneration therefore

(c) Receiving payments or gratuities authorised by the Association.

In any matter of the construction or application of these provisions, the Council decision shall be final and conclusive.

SECTION 29: PERMITS

(a) The Council may, by permit in writing, authorise the holding of skating competitions between eligible persons and anyone not an eligible person and may authorise eligible persons to take part in exhibitions with or at the same time as anyone who is not an eligible person.

(b) A permit issued for an exhibition or a competition may be subject to any conditions and provisions which the Council may consider appropriate.

(c) An affiliated club need not apply for a permit to hold a meeting or competition confined to its own members or a competition which is restricted to the members of not more than two affiliated clubs. Any member participating in such a competition as a member of an affiliated club shall not be deemed ineligible or be in any way disqualified.

SECTION 30: EXPENSES

The Council may authorise any member to receive payments and reimbursements providing such payments and reimbursements are in accordance with ISU and ISA regulations.

SECTION 31: UNAUTHORISED PARTICIPATION

Any member who knowingly competes or officiates at any meeting in Australia, which is not held under the rules of this Association or under the rules of Ice Skating Australia may be disqualified upon such conditions and for such period as the Council may decide and such disqualification may be absolute or limited in any way thought proper by the Council.

SECTION 32: OBJECTIONS OF ELIGIBILITY

If any person objects to the participation of another person on the grounds of eligibility or any other reason:

(a) The objector shall, within seven days after making the objection, forward a notice in writing to the Honorary Secretary of the Association.

(b) The objection shall be investigated by the Council or by a committee appointed by the Council and the objector shall be heard.

(c) The Honorary Secretary shall forward to the person against whom the objection is made, a copy of the notice of objection together with notice of the time and place fixed for the hearing of the objection at least seven clear days before the hearing of the objection.

(d) The burden of proof shall be on the objector.

SECTION 33: INQUIRIES INTO ELIGIBILITY

If at any time the Council receives information which in its opinion justifies the holding of an inquiry into the eligibility of any member, the member shall be called upon and given notice of hearing in the same manner as if an objection had been made against that member under Section 32 of the constitution.

SECTION 34: REINSTATEMENT OF ELIGIBILITY

(a) Any member who has been disqualified or who has lost eligibility may apply for reinstatement of eligibility.

(b) Every application shall be signed by the applicant and must be accompanied by proof of the facts by a Statutory Declaration if the Council so requires.

(c) Reinstatement of eligibility may be recommended or rejected at the discretion of the Council [deletion]

(d) A person who has been disqualified, or lost eligibility under the regulations of the Association, shall not be a competitor, official or judge unless reinstated by Ice Skating Australia Incorporated.

(e) A person who has been a professional skater shall not apply for reinstatement until a period of two years has elapsed since he or she last received remuneration.

(f) A professional skater reinstated as an eligible person by Ice Skating Australia Incorporated shall not thereafter be a competitor in any State Association event unless permitted to compete under Ice Skating Australia Incorporated rules.

SECTION 35: AGREEMENT WITH OTHER BODIES

The Council shall have the authority to enter into agreements, on behalf of the Association, with governing bodies of other sports or with other State Ice Skating Associations with reference to competitions, eligibility and National Tests.

SECTION 36: DISSOLUTION

The Association may at any time, with the consent of a majority of two thirds of the members present and voting, at a General Meeting called for the purpose, be dissolved. If upon the dissolution or winding up of the Association there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the Association, but shall be given or transferred to some other association or institution having objects similar wholly or in part to the objects of the Association and which shall prohibit the distribution of its or their income and property among its or their members or to some charitable object or objects which association, institution or object shall be determined by the members of the Association at or before the time of dissolution or winding up, or in default thereof or if and insofar as effect cannot be given to such determination, then such payment or distribution shall be determined by a Judge of the Supreme Court.

SECTION 37: ALTERATION OF CONSTITUTION

This constitution shall not be altered except at a General Meeting of the Association. No motion to alter the constitution shall be deemed to be in order unless the proposed alteration shall have been set out at length in the notice convening the General Meeting at which the motion is proposed and shall require a two thirds majority of those members present and voting to be carried.

SECTION 38: GENERAL POWERS OF COUNCIL

The Council shall have power to deal with any matter not provided for in this constitution and in so dealing shall, so far as possible, apply the regulations of Ice Skating Australia Incorporated and the International Skating Union.

SECTION 39: RESCISSION OF CONSTITUTION

The previously existing constitution of this Association is hereby rescinded but the rescission shall not affect the previous operation of any rule or anything duly done or suffered under any such rule or any right, privilege, obligation or liability accrued or incurred under any rule rescinded, nor affect any status, qualification, disqualification or forfeiture under any rule rescinded or altered.