15-11-07, 08:55 PM
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 | Administrator Registered User | | Join Date: Nov 2006 Location: Melbourne, Australia
Posts: 402
Rep Power: 10 | |
 AUF to VUHC - 30/10/2007
Mr. Barry- Macaulay,
I am in receipt of your letter of 26/10/07. I must point out that the rationale you have used with regards to the interpretation of clause 29 of the Federal AUF constitution is fundamentally flawed. The commission has the right to exercise conditions of membership but it can not confer, remove or disregard grades of membership as set out in clauses 6, 7, 8, 9, 10 and 11 of the federal constitution.
Regardless of the VUHC being an incorporated body, it must observe the provisions of the AUF federal constitution as a condition of its membership as the representative body for Underwater Hockey in Victoria. This means that it must recognise all grades of membership as per the AUF constitution. It further must recognise all of the aims and objectives of the federation.
Not withstanding its incorporation, the VUHC is not a separate entity to the AUF in so far as it is the AUF representative body for underwater hockey in Victoria and as such must adhere to the AUF Federal Constitution to maintain its governance.
As a consequence of the above the AUF is asking that the executive committee of the VUHC, forward a letter to myself within 14 days of this notice being sent, agreeing to recognise all the provisions of the AUF Federal Constitution, and amending within due process its by-laws, regulations and constitution to reflect the requirements of the AUF Federal Constitution.
If this does not occur I as Federal president will have no alternative other than to rule that the VUHC executive committee is in breach of its obligations under the Federal Constitution. I will then recommend to the AUF executive committee that clause 50 of the Federal Constitution be evoked and a disciplinary hearing be called against the members of the VUHC executive committee. This would be binding regardless of whether the executive committee members resign or not.
I would ask that your committee seriously consider the ramifications of this issue going before a disciplinary hearing, and attend to the above matter in the affirmative.
Regards,
Graham Henderson
Federal President
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