AUSTRALIAN FREEDIVING ASSOCIATION CONSTITUTION

Transcription

1 AUSTRALIAN FREEDIVING ASSOCIATION CONSTITUTION

2 1 NAME, HEAD OFFICE, LEGAL FORM 1.1 The name of the Association shall be the Australian Freediving Association (AFA). 1.2 The official address of the AFA is: 34 Holland Street, Toowong 4066, AUSTRALIA. 1.3 The annual period starts January 1st and ends December 31st. 1.4 The AFA is a not for profit organisation. 1.5 The AFA is obliged towards third parties to sign collectively by the President and by a member of the Committee. 2 MISSION AND OBJECTIVES 2.1 The AFA is a not for profit organisation devoted to the sport of freediving and freediving related activities in Australia. The AFA is the sanctioned Australian representative and member of the General Assembly of AIDA International, the worldwide governing body of freediving. The AFA has the following objectives: The development of freediving in Australia To arrange and co-ordinate competitions within Australia and promote participation by Australian teams in overseas competitive events Selection of the Australian team for freediving world championships The standardisation of regulations in regard to education, safety, competitions and records The recognition, ratification and registration of records and achievements for the various disciplines of freediving.

3 2.1.6 To act as the sole representative body for all Association members and Affiliated Member Clubs, negotiations and discussions with AIDA International, other national associations, or other organisations which have interest in freediving activities throughout the world To strongly recommend that all agencies teaching freediving in Australia cover adequate safety procedures within their syllabus. The AFA will only recommend clubs, organisations, training groups and other agencies teaching freediving if the Committee is satisfied that a minimum safety standard is being taught To further the interests of each and every Association member and Affiliated Member Club in Australia. 2.2 The assets and income of the AFA shall be applied solely in furtherance of its abovementioned objects and no portion shall be distributed directly or indirectly to the members of the organisation except as bona fide compensation for services rendered or expenses incurred on behalf of the organisation. 3 INTERPRETATION In this Constitution, except insofar as the context or subject-matter otherwise indicates or requires- AFA and Association means the Australian Freediving Association By-Laws means by-laws made under this Constitution as referred to in section 9; Committee means the Committee of the Association, as detailed in section 6; Director means a Director of the Association as detailed in section 7, namely, President, Treasurer, or Secretary of the Association; AGM means an Annual General Meeting of the Association, as detailed in Section 10. EGM means an Extraordinary General Meeting of the Association as detailed in Section 10; individual member means an Ordinary Member or an Honorary Life Member, as set out in section 3; AIDA International means the Association Internationale pur le Développement de l Apnée. AIDA National An AIDA International sanctioned body which governs freediving in a particular nation. For instance, the AFA is the AIDA National for Australia. 3 MEMBERS 3.1 Australian Freediving Association consists of the following member categories: ORDINARY MEMBER COMPETITION MEMBER HAVE-A-GO MEMBER HONORARY LIFE MEMBER AFFILIATED MEMBER CLUBS CORPORATE MEMBERSHIP 3.2 There is no limit on the number of members in each membership category.

4 3.3 A membership database shall be maintained in electronic form. Reasonable steps to ensure the privacy of members shall be taken. 4 ORDINARY MEMBERS 4.1Ordinary Membership is available to individuals who wish to maintain a contact with the AFA or to utilise AFA services and sponsorship, and 4.2 A member of an affiliated club may exercise the rights of an Ordinary Member of the AFA once they have paid the requisite membership fee to the AFA. This fee may be paid directly to the AFA or paid to the AFA by the affiliated club on behalf of the member, with the method of payment being subject to an agreement between the club and the AFA. 4.2Ordinary Members are bound by the AFA Constitution and By-Laws in all matters affecting the AFA. 4.3Ordinary Members are entitled to compete in national and international AIDA competitions. 4.4Ordinary Members with current membership are entitled to one vote at the AGM and one vote at any EGM held during their paid up membership year. 5 COMPETITION MEMBERS 5.1 Competition Membership is available for those who wish to compete in an AFA sanctioned competition. 5.2 Competition Members must not ordinarily reside in Australia. 5.3 Competition Members must be a financial member of another AIDA National. 5.4 The AFA Constitution and By-Laws bind Competition Members in all matters affecting the AFA. 5.5 Competition members are not entitled to vote at the AGM or any EGM held during their membership period. 5.6 Competition members may not hold a position on the committee.

5 5.7 Competition Membership is valid is for the duration of a specific AFA sanctioned competition and a period of up to two weeks prior to said competition. 6 HAVE-A-GO MEMBERS 6.1 Have-a-go Membership is designed for novices who wish to undertake a club induction, participate in a promotional event, or participate in a non-ranking AFA competition (i.e. Recreational Grade). 6.2 An individual may only be a have-a-go member once. If an individual wishes to continue their association with the AFA, they must join as an Ordinary Member. 6.3 Have-a-go membership is valid for a specified time period of no longer than one week. 6.4 The AFA Constitution and By-Laws bind Have-a-go Members in all matters affecting the AFA. 6.5 Have-a-go members are not entitled to vote at the AGM or EGM. 6.6 Have-a-go members may not hold a position on the committee. 6.7 Have-a-go members may participate in Recreation Grade (or other non-ranking competition) at the organiserʼs discretion. Have-a-go members are expressly not permitted to participate in AFA or AIDA Int. ranking competitions, nor are they able to attempt an Australian or World Record. 7 HONORARY LIFE MEMBERS 7.1 A person whom the Association decides to honour may be nominated as an Honorary Life Member of the Association by resolution of the Committee. 7.2 A person will become an Honorary Life Member of the Association if the Committee's nomination is approved by a special resolution of the Association at an AGM or EGM. 7.3 Honorary Members are only eligible to hold Committee positions, vote in elections or vote at meetings of the Association if they qualify for Ordinary Membership of the Association.

6 8 AFFILIATED CLUBS 8.1 Affiliated Member Clubs are those clubs approved by the Committee. 8.2 At the beginning of each Calendar year (no later than the 31 st of January), each Affiliated Member Club must submit the details of i) Details of the clubʼs committee (if applicable), and ii) Any constitutional amendments (if applicable), and iii) Club affiliation fees, and iv) The name and contact details of at least one person to act as a liaison between the club and the AFA. The submission of this documentation is deemed to maintain the clubʼs affiliation to the AFA. 8.3 Clubs wishing to join the AFA must submit the following documents when applying for affiliation to the AFA: i) Details of the clubʼs committee (if applicable), and ii) A copy of the clubʼs constitution (if applicable), and iii) Club affiliation fees, and iv) The name and contact details of at least one person to act as a liaison between the club and the AFA 8.4 Affiliated Member Clubs must ensure that: i) Their constitutions are consistent with the AFA constitution. ii) Membership of their club is open to the general public. iii) All persons joining the club are members of the AFA. iv) Members of Affiliated Clubs can vote on AFA matters provided the member qualifies for Ordinary Membership. 8.5 Affiliated Clubs are entitled to full representation by the AFA on any matter affecting them that concerns freediving. 8.6 Club Members are entitled to full representation by the AFA on any matter affecting them that concerns diving, and are entitled to compete in National and International Competitions and are eligible for selection to Australian teams in International competitions. 8.7 Affiliated clubs are bound by this constitution and all by-laws of the AFA.

7 9 CORPORATE MEMBERSHIPS 9.1 Corporate Membership is offered to institutes, businesses, companies, countries and Government Departments who have an interest in freediving, for a prescribed annual fee. 9.2 Corporate Members have no participating rights, nor can they hold office. They may offer certain services and sponsorship to the AFA. 9.3 Corporate Members will be kept advised of diving matters being dealt with by the AFA and may advise the AFA of any matters affecting them that the AFA may be able to assist with. 9.4 Corporate Membership may be accepted, denied or withdrawn at the discretion of the AFA Committee. 9.5 Corporate Membership fees will be negotiated with the Committee and the Corporate representative. 10 COMMITTEE 10.1 The AFA shall be managed by a Committee, who must be full financially paid up individual members of the AFA The Committee has power to perform all such acts and do all such things as appear to the Committee to be necessary or desirable for the proper management of the affairs of the Association, including the making and amendment of By-Laws not inconsistent with this Constitution for the administration of the Association, the carrying into effect of this Constitution, or for any associated matter The Committee must ensure the safe custody of books, documents, instruments of title and securities of the club The Directors of the Association shall be the President, the Treasurer and the Secretary The Committee shall consist of no less than three Committee Members, namely the Directors of the Association.

8 10.6 The Committee roles should include, but not be limited to, the roles and responsibilities outlined in section The election of each committee member shall be announced annually at the AGM and shall hold their post until the close of the following yearʼs AGM Any member who qualifies for Ordinary Membership is eligible to sit on the Committee 10.9 Committee members must disclose any interests and memberships, commercial or otherwise, that they have in any organisation or industry related to freediving, scuba diving, spearfishing or any other activities that have an influence or exhibit a potential conflict of interest. This includes but is not limited to freedive instructional schools, scuba dive shops, scuba diving teaching facilities, freedive, scuba, spearfishing, or underwater hockey clubs In the lead up to an election a Returning Officer shall be nominated by the committee. The Returning Officer may not be a member of the existing committee and is not eligible to stand for election Members will be invited to stand and return their nominations to the Returning Officer with a cut off date. After that time only nominations for uncontested positions can be accepted All members wishing to stand for a post shall be elected by means of a simple majority vote of all Individual Members A CV / Manifesto shall be published for each candidate by with an opportunity for each member to vote. The voting period will be two weeks. Votes will be returned to the Returning Officer. These will be counted and the results announced at the AGM If there has been no nomination, or a nominee decides not to stand, then nominations can be accepted at the Annual General Meeting The latest deadline for voting will be 00.00hrs on the Saturday before the AGM In the event of a tie, it will be announced to the membership, and anyone who has not voted has three days in which to add their vote. Otherwise it will be decided at the AGM.

9 10.17 No member shall be entitled to vote on a matter where he/she may have a conflicting or vested interest other than the well being of the AFA No AFA Officer shall hold the same post within the Committee for a period of more than four (4) consecutive years A Committee Officer can resign at any time. Members must be informed of the resignation and of the vacant Committee position. Nominations for the position should be encouraged and, if there is more than one nomination, mid-term elections for that position should take place A committee member who is absent for three consecutive committee meetings without offering apologies may be removed if the committee member was 1. notified in writing of the committee meetings, and 2. notified in writing that they may be removed from the committee if they fail to offer an explanation for their absence A committee member may only be removed from the committee under the provisions in 7.16 by a unanimous vote of the committee at a committee meeting. 11 COMMITTEE ROLES 11.1 President Responsible for organising Committee and AGM. Casting voting when the vote is tied at Committee meetings. To chair any meetings of the AFA. Direct and support the AFA Committee in achieving the goals of the AFA Treasurer Holder and administrator of all AFA funds for the benefit of the AFA. Shall keep proper books and records of all sums received and expended on behalf of the AFA. Produce a Statement of Financial Performance and Statement of Financial Position on an annual basis, which gives a true and fair view of the state of affairs of the AFA and sufficient to explain its transactions. Shall arrange for all AFA funds and securities to be kept on deposit with a bank or banks approved by the Committee by Committee decision, and shall maintain a current account or accounts upon which cheques or other orders may be signed by any two Committee officers. Ιssue receipts for membership fees and other monies received. Organise signatories for the bank account mandate ensuring there are always two signatories.

10 11.3 Membership Officer / Secretary Maintain a current list of member with their detail and do all pertaining to membership including membership cards and updating the membership database for the Website usage. Shall take minutes of all committee meetings. Send out letters on behalf of the AFA Public Relations Officer Develop and maintain contacts with the diving and freediving community. Create and/or edit AFA publications to be made to the media. Respond to media requests for any information relating to freediving. Liaising between press/media and AFA members who they wish to contact Technical and AIDA Liaison Officer. Be the central point of contact for all communication with AIDA. Liaise with the membership to gather comments regarding AIDA International issues. To be the international figurehead for the AFA. Maintain a record of AFA judges. Maintain a list of current Australian records. With respect to new record attempts, ensure compliance with the AFA National Record Rules. Propose and present any changes to the AFA Records Rules to the Committee for approval. The Technical and AIDA Liaison Officer must have experience with AIDA rules and regulations and be an AIDA Judge, or have previously competed in an AIDA event Sponsorship Officer Develop and maintain connections with businesses and organisations which sponsor the Australian team. Actively seek new sponsorship opportunities for Australian freediving and the Australian team. Liaise with team members and potential sponsors to ensure duties agreed with the sponsor are carried out fully and in line with the agreement Clubs Officer Shall build the clubs network. Shall liaise with all affiliated Clubs. Shall ensure that all affiliated Clubs members are AFA members. Shall inform the committee of any help or equipment needed by the Clubs Competitions Officer To organise any AFA run competitions. To be a resource for members in running their own competitions. Τo be responsible for team training. To be responsible for team fulfilment of AIDA requirements.

11 To ensure international competition representation. Maintain a record of competition entrants and results. 12 BY-LAWS OF THE ASSOCIATION 12.1 The Committee must, as soon as practicable after the adoption of this Constitution, pass a by-law or series of by-laws comprising such provisions as the Committee deems appropriate on the following topics: Code of safety Anti-doping policy Code of ethics National Record attempts Athlete rankings Competition standards 12.2 Creating and amending by-laws By-laws may be created or amended by 1. An absolute majority of all sitting committee members, or 2. A simple majority vote of members present and voting at an AGM or EGM. 13 COMMITTEE MEETINGS 13.1 The newly elected Committee shall assume its responsibilities as from the end of the AGM The Committee shall meet as often as the business of the AFA necessitates and at least every two months. This can be in physical presence or an on-line meeting Any committee member can request a meeting, should the need arise Notification of meetings shall be at least one week and shall be via or other written means. All reasonable efforts must be made to notify all committee members of upcoming meetings For a committee meeting to be considered a valid meeting, there must be at least three members of the committee present The meeting should be chaired by the President or their designate.

12 13.7 Any full member of the AFA may attend a committee meeting providing that prior notification has been given to the President and that member shall only be present as an observer The Membership Officer shall prepare minutes of each Committee Meeting which shall be verified and agreed by the Committee at the following committee meeting. A copy of the agreed minutes shall be posted on the website as soon as possible after agreement. 14 ANNUAL GENERAL MEETING (AGM) 14.1 The AGM will be held annually on the third weekend in November, in a location which is as convenient as possible to the AFA membership Provision should be made for members to be able to attend the AGM remotely (e.g. via video conferencing) 14.3 Notice of the meeting shall be communicated in writing, to all paid-up members of the AFA at least four weeks before the meeting The Agenda will be sent to the members at least one week before the AGM 14.5 The AGM shall include the following: (i) Notification of Committee Members for the following year. (ii) Presentation of the statement of income and expenditure for the year to 30th September. (iii) Reports from all committee members. (iv) Ratification of any rules, or rule changes. (v) Announcement of any fee changes. (vi) Changes to the constitution (when applicable). 15 EXTRAORDINARY GENERAL MEETINGS (EGM) 15.1 Any General Meeting of the AFA other than the AGM shall be known as an Extraordinary General Meeting (EGM) An Extraordinary General Meeting may be summoned at any time by the Membership Officer on the request of the Committee, or of at least ten members in writing. At least fourteen days notice must be given of the meeting, which should be communicated in writing to each member.

13 15.3 Notice of an EGM shall state the reasons for the meeting and shall include the text of any motion to be proposed for consideration. Amendments to such motion may be proposed at the meeting. 16 MODE OF VOTING 16.1 All elections shall be carried out by secret ballot. An electoral ballot may consist of any combination of 1. A secret ballot of those physically present at the meeting, and/or 2. Votes submitted electronic means (with the means to be specified by the returning officer), and/or 3. registered mail votes. A member may only vote via one method in any particular vote. The returning officer should take steps to ensure that no member has voted more than once All voting papers shall be collected and counted by the Returning Officer who shall report the result to the President When Notices of Motion, Remits, Recommendations and motions are before the meeting the decision shall be reached by voice, a show of hands or written ballot of the delegates present. The President shall read the motion before the vote and shall declare the motion either accepted or rejected after she/he has called for such vote. If the vote is not unanimous, any delegate can call for a show of hands or a secret written ballot. 17 VOTING RIGHTS 17.1 No club whose affiliation fees are overdue on the date on an Annual General Meeting or Extraordinary General Meeting shall be entitled to exercise any votes With the exception of Competition Members and Have-a-go Members, each Member whose membership is current as at the date of any Annual General Meeting or Special General Meeting shall be entitled to one vote. 18 FINANCE 18.1 The income and property of the Club must be used solely in promoting the Club's objectives and exercising the Club's powers.

14 18.2 The Committee may take action they think beneficial and appropriate to raise money to run the AFAʼs affairs Distributions to members and directors fees are prohibited The Directors are required to approve all payments made to members of the Association The end date of the Associationʼs financial year is the 30 th of September in each year. 19 APPLICATION FOR MEMBERSHIP FOR AFFILITATED CLUBS & INDIVIDUAL MEMBERS 19.1 An Affiliated Club wanting to become a member of the AFA must send written application to the Committee. The Committee will decide on admission of a new club with possible consultation with other clubs and members Each application for membership shall state that the club has such membership numbers a copy of the statutes and a list of memberʼs names and addresses must be enclosed in the appendix of the application, along with all affiliation fees Affiliated Clubs undertake to abide by the Constitution and regulations of the AFA Member clubs are entitled to full representation by the AFA on any matter affecting them that concerns freediving Applications for Individual Memberships are made directly to the AFA on the official application form along with all affiliation fees Individual Membership may be accepted, denied or withdrawn at the discretion of the AFA Committee Applications for Corporate Memberships are to be made directly to the AFA in writing.

15 20 EXPULSION OF MEMBERS 20.1 Any member may be expelled from the AFA if they are deemed to have conducted their affairs in direct contravention of any clause of the Constitution or by-laws of the Association, including those relevant to the payment of affiliation and/or membership fees The AFA Committee may terminate a memberʼs membership if the member conducts himself or herself in a way considered to be injurious or prejudicial to the character or interests of the Club All expulsions and withdrawal of membership is at the discretion of the Committee, and any such expulsion shall be subject to appeal at the Annual General Meeting or Extraordinary General Meeting called for that purpose A notice of motion to expel a member from the Association must be in the Committeeʼs or person nominated by the Committee hands in writing no later than 60 days before an Annual General Meeting The decision to expel a member, or to uphold the Committeeʼs decision to expel a member, must be passed by a two-thirds majority of members present and voting at an AGM or EGM. 21 EXPULSION OF AN AFFILIATED CLUB 21.1 Any Affiliated Club may be expelled from the AFA if they are deemed to have conducted their affairs in direct contravention of any clause of the Constitution or By-Laws of the Association, including those relevant to the payment of affiliation fees Any Affiliated Club expulsion is at the discretion of the Committee, and any such expulsion shall be subject to appeal at an Extraordinary General Meeting or the next Annual General Meeting At the Extraordinary General Meeting, or Annual General Meeting to appeal the expulsion of an Affiliated Club, the decision to expel must be passed by a two-thirds majority of the members present and voting A notice expulsion of an Affiliated Club from the Association must be delivered in writing by registered mail advice from the Committee.

16 21.5 A notice of Appeal must be sent to the Committee by registered mail in order for the appeal to be heard at an Extraordinary General Meeting, or Annual General Meeting. 22 RESIGNATIONS 22.1 Any Committee member may resign from the Association by serving notice of their resignation in writing, giving two weeks notice, which will take effect from the date of receipt at the Associationʼs registered office Any member may resign from the Association by service notice of resignation in writing and by registered mail, to take immediate effect from the date of receipt at the Associationʼs registered office Any Affiliated Club may resign their affiliation from the Association by serving notice of resignation in writing and by register mail, giving 30 days notice which will take effect from the date of receipt at the Associationʼs registered office. 23 DELETIONS 23.1 Any Individual Member or Affiliated Club whose affiliation and/or membership fee has remained unpaid for a period in excess of 365 days shall be automatically deleted from the membership register and may only be reinstated after re-application and acceptance as set out above. 24 FEES 24.1 The fees due from Ordinary members, Affiliated clubs and Corporate Members shall be determined by the Committee The Committee may charge different fees for the same membership class. For instance, non-competing judges may be charged a lower membership fee than athletes even though they are both within the Ordinary Member category The annual membership fee for Ordinary Members shall be paid in full to the AFA. Until the appropriate membership fee is paid the individual is not considered an Ordinary member of the AFA and thus the person may not exercise the privileges of Ordinary Membership.

17 24.4 Corporate Membership fees are determined by the Committee. 25 ALTERATIONS TO THE CONSTITUTION 25.1 Subject to relevant legislation, this constitution may be amended, repealed or added to by a special resolution carried at an AGM or EGM Alterations and amendments to the Constitution is valid only if it is registered by the President. 26 DISSOLUTION 26.1 In the event of the organisation being dissolved, the amount that remains after such dissolution and the satisfaction of all debts and liabilities shall be transferred to another organisation with similar purposes which is not carried for the profit or gain of its individual members. 27 CONTROL AND USE OF FUNDS 27.1 The funds of the Association must be kept in an account in the name of the AFA in a financial institution decided by the Committee Records and accounts must be kept in the English language showing full and accurate particulars of the financial affairs of the association All amounts must be deposited in the financial institution account as soon as practicable after receipt A payment by the association of $100 or more must be made by cheque or electronic funds transfer If a payment of $100 or more is made by cheque, the cheque must be signed by any 2 of the following i. the president; ii. the secretary; iii. the treasurer; iv. any one of the other members of the committee who have been authorised by the committee to sign cheques issued by the club However, 1 of the persons who signs the cheque must be the president, the secretary or

18 the treasurer Cheques, other than cheques for wages, allowances or petty cash recoupment, must be crossed not negotiable All expenditure must be approved or ratified at a Committee meeting. 28 PERSONAL PECUNIARY PROFIT 28.1 No member or person associated with a member of the AFA shall derive any income, benefit or advantage from the AFA where they can materially influence the payment of the income, benefit or advantage, except where that income, benefit or advantage is derived from: 28.2 Professional services to the AFA rendered in the course of business charged at no greater rate than current market rates Any casual vacancy on the Committee may be filled by the Executive Board and the person so appointed shall hold office until the next Annual General Meeting of the Association If at any time any matter shall arise which is not provided for in these rules or in the interpretation of these rules, the same shall be determined where appropriate by the Committee whose decision shall be final. The Australian Freediving Association is not aware of any omissions or exclusions at the time of submitting this constitution. This constitution was adopted on the 16 th of November 2014 President s signature: Secretary s signature: