1. MEMBERSHIP

Membership shall be open to any person or organisation, in the categories available, who wish to further the interests of the Federation. Any person or organisation seeking membership of the Federation shall make application to the Federation.

1.1 Each person or organisation admitted to membership shall be:

(a) bound by the Constitution and By-laws of the Federation;

(b) become liable for such fees and/or subscriptions as may be fixed by the Federation; and

(c) be entitled to those privileges as accorded by the respective category for which membership is sought.

1.2 Each application for membership shall be considered by the Board.

1.2.1 The Board’s resolution is recorded in the minutes.

1.2.2 Councillors will be notified of the Board’s resolution.

1.2.3 Should any more than two Full Members challenge the Board’s resolution, by notice in writing to the Chief Executive Officer, within thirty (30) days of the dispatch of the notification, then that resolution shall be referred to the next meeting of the Council.

1.2.4 If a resolution is not challenged as provided, it shall become binding and has effect as if it were a decision of the Council.

2. MEMBERSHIP CATEGORIES

2.1 Full Member

2.1.1 Full Member shall be:

(a) those organisations registered with the Federation; or

(b) any organisation which the Board/Council shall approve from time to time.

2.1.2 Applicants for Full Member must be engaged in the conduct, administration, promotion and development of Sport or Active Recreation and be the representative body of that activity in the State.

2.2 Affiliate Member

2.2.1 An Affiliate Member shall be:

(a) those organisations registered with the Federation as “Affiliate Members”; and

(b) any organisation which the Board/Council shall approve from time to time.

2.2.2 Applicants for Affiliate Membership must be engaged in pursuits complementary to the activities of Full Members, including:

(a) any Western Australian special interest multi-sport association, or association of coaches, umpires, referees and the like; or any other organisation, or group, or peak body which, in the opinion of the Council, has, as part of its objects, a prime role in the improvement of personnel, organisations or opportunities for participation in Sport in Western Australia;

(b) any metropolitan or non-metropolitan regional Sport council, representative of the various sporting interests in that regional area, and/or active recreation; and

(c) any organisation which provides for participation in Sport, sporting activity or active recreation and does not qualify for Full membership.

2.3 Individual Member

2.3.1 An Individual Member shall be a natural person interested in furthering the objects of the Federation.

3. MEMBERSHIP RESPONSIBILITIES

3.1 Change in Member Objects

3.1.1 Should a Member change its explicit or implied aims or objects, that Member shall give notice in writing of such change to the Federation and the Board shall thereupon recommend to the Council as to whether that Member should continue as a Member or in a membership category.

3.1.2 At the next meeting of the Council it shall consider any nonconforming applications referred to it by the SportWest Board.

3.2 Change in Member Office Bearers Each Member shall give notice to the Federation of change in particulars of office bearers.

3.3 Representation on Council

3.3.1 Full and Affiliate Members shall annually elect their delegate to serve on the Council. Delegates shall be referred to as Councillors of the Federation. Preferably such Councillor would be a senior person with the Member.

3.3.2 No Councillor shall be permitted to represent more than one (1) Member. Should any Member not be represented by its Councillor or their proxy for three (3) consecutive meetings of the Council, that fact shall be reported to the next meeting of the Council.

3.4 Attendance at Council Meetings

3.4.1 Each Full and Affiliate Member shall be entitled to the attendance of one (1) Councillor at each General Meeting of the Council.

3.4.2 If a Councillor is absent, he/she may be represented by a proxy appointed under the hand of the Councillor or by the Member (See Appendix).

3.4.3 In addition, a Member shall also be entitled to be represented at each General Meeting by an observer who shall have no right to vote nor be able to speak unless invited to do so by the Chairperson.

3.4.4 Individual members shall be entitled to attend General Meetings of Council, but shall have no right to vote.

3.5 Address of Member Every Member shall inform the Federation of a postal and e-mail address [if existing] to which notices intended for such Member may be addressed. A Member shall also notify the Federation of any change of address as soon as possible.

4. TERMINATION OF MEMBERSHIP

4.1 By Member

A Member may terminate its affiliation with the Federation at any time by written notice of the resolution of that organisation to that effect, signed by an officer of that organisation and addressed to the Federation.

4.2 By Council

4.2.1 Should the circumstances arise that there be grounds for the termination of a membership, the Member in question shall be notified in writing of:

(a) the proposed Notice of Motion to terminate his/her membership;

(b) the reasons underpinning such proposed action; and

(c) the date/time/place of the Board meeting at which the Notice of Motion is to be firstly considered.

4.2.2 The notification to the Member in question shall also indicate that he/she has the right to submit a written defence contra to the intent of the proposed Notice of Motion, prior to the Board meeting, and furthermore, that he/she has the right to attend that part of the relevant Board meeting to speak on their behalf.

4.2.3 Following the presentation of the Member in question, the Board shall consider the Notice of Motion in camera. A vote supporting the Notice of Motion shall require a special resolution.

4.2.4 If the Board has passed such Notice of Motion, it can only be in the form of a Recommendation to Council.

4.2.5 For the purposes of the Council meeting, the Board’s recommendation shall be treated as a Notice of Motion and at the Council meeting at which the matter is to be dealt with the Notice of Motion will require a special resolution to be adopted.

4.2.6 If the Notice of Motion as referred to above is adopted, the options available to Council shall be:

(a) termination;

(b) termination for a period of time; or

(c) suspension for a period of time.

4.2.7 The decision of Council shall be final.

5. MEMBERSHIP FEES

5.1 The membership year of the Federation shall be the same as its financial year; that is 1 July to 30 June.

5.2 Members shall pay an annual membership fee as determined by a Ordinary Resolution of Council.

5.3 Membership fees need to be paid by the dates/occurrences as indicated in the By-laws failing which a Member’s right to vote at subsequent meetings of the Federation shall be withdrawn until payment is made.

6. REGISTER OF MEMBERS AND MAINTENANCE OF RECORDS

6.1 The Chief Executive Officer on behalf of the Federation shall keep and maintain an up to date Register of Members and their addresses, both postal and e-mail, at the office of the Federation.

6.2 The Chief Executive Officer, on behalf of the Federation, shall also keep at the office of the Federation minutes of meetings held, annual financial statements, Auditor reports, lease agreements, and other appropriate records.

6.3 Upon the request of a Member, Officer of the Department of Consumer Protection or the Federation’s Auditor, the Register of Members and other records of the Federation shall be made available for that Member or those officers inspection but that Member or those officers shall have no right to remove or keep the Register and/or records; such, however, may photo-copy any section for which inspection is sought.

7. RESOLVING DISPUTES

7.1 Disputes arising under the Rules

7.1.1 This rule applies to:

(a) disputes between Members; and

(b) disputes between the Federation and one or more Members.

7.1.2 In this rule Member includes any organisation/person who was a member of the Federation not more than six months before the Dispute occurred, even if they are no longer a Member.

7.1.3 A member wishing to initiate the procedure under this rule must give written notice to the Secretary of the parties to, and the details of, the Dispute.

7.1.4 The Chief Executive Office must convene a Committee Meeting within 28 days after the Chief Executive Office receives notice of the Dispute under rule 11.1.3 for the Committee to determine the Dispute.

7.1.5 At the Committee Meeting to determine the Dispute, all parties to the Dispute must be given a full and fair opportunity to state their respective cases orally, or in writing, or both.

7.1.6 The Chief Executive Officer must inform the parties to the Dispute of the Committee’s decision within 7 days after the Committee Meeting referred to in rule 11.1.4.

7.1.7 If any party to the Dispute is dissatisfied with the Committee’s decision they may elect to initiate further Dispute resolution procedures as set out in these Rules.

7.2 Mediation

7.2.1 This rule only applies if a member is dissatisfied with the decision made by the Committee under rule 11.1.

7.2.2 A member wishing to initiate this appeal procedure must give written notice to the Secretary of the parties to, and the details of, the Dispute.

7.2.3 The party seeking mediation is to pay the costs of the mediation.

7.2.4 Upon receiving notice under rule 11.2.2 the Chief Executive Officer must arrange the mediation.

7.2.5 The mediator must be:

(a) a person chosen by agreement between the parties; or

(b) in the absence of agreement a person who is a mediator appointed to, or employed with, a not for profit organisation.

7.2.6 A Member can be a mediator, but the mediator cannot be a Member who is a party to the Dispute.

7.2.7 The parties to the Dispute must, in good faith, attempt to settle the Dispute by mediation.

7.2.8 The parties are to exchange written statements of the issues that are in Dispute between them and supply copies to the mediator at least 5 days before the mediation session.

7.2.8.1 The mediator, in conducting the mediation, must:

(a) give the parties to the mediation process every opportunity to be heard;

(b) allow all part ies to consider any written statement submitted by any party; and

(c) ensure that natural justice is accorded to the parties to the Dispute throughout the mediation process.

7.2.9 The mediator must not determine the Dispute and the mediation must be confidential and conducted on a without prejudice basis.

7.3 Inability to Resolve Disputes
If a Dispute cannot be resolved under the procedures set out in these Rules, any party to the Dispute may apply to the State Administrative Tribunal to determine the dispute in accordance with [section 226 of] the Act or otherwise at law.