VUHC Disciplinary Hearing

Alexandra · #1 (**permalink**) IP: 144.131.175.152 15-11-07, 08:14 PM

The following documents have been communicated to the members of the Victorian Underwater Hockey Commission (VUHC) over the past week. They detail a developing dispute between the VUHC and the Australian Underwater Federation (AUF) in regards to the recognition of AUF Life Membership at a State Level.

Alexandra · #2 (**permalink**) IP: 144.131.175.152 15-11-07, 08:20 PM

Hi All,

I am writing to fill you in on current correspondence which is taking place between the VUHC and the AUF (the Australian Underwater Federation. I have attached all the correspondence to date as well as a copy of the AUF constitution, the current VUHC by-laws and a copy of the Model Rules for an Incorporated Association (1981) (which the VUHC adopted at its inception).

To provide a brief overview of the events that prompted this issue coming to a head, Mr Graham Henderson (the current AUF President) argues that his status as a honourary life member of AUF exempts him from having to join the VUHC to be eligible for selection to the Victorian state team. The VUHC rejected this assertion which prompted the letters from the AUF.

As you can see these letters contend that the VUHC is not a separate entity from the AUF and threaten the VUHC committee with disciplinary action. This has major ramifications for underwater hockey here in Victoria commissions:
There is possibility that AUF endorsement will be removed from forthcoming nationals.

There is possibility that individuals on the VUHC committee will be excluded by the AUF from international selection for protecting the interests of the members which they represent. An extraordinary general meeting was held in 2001 which voted on a proposal that AUF life members be entitled to VUHC membership. The proposal was rejected 27-9 (or something similar, I have the minutes at home. If anybody would like to see them let me know and I will forward them on).

However, the AUF’s claim that state commissions must recognise all grades of AUF membership has other more broad reaching ramifications:
State commissions are unable to ensure minimum standards of behaviour their members.

Since AUF membership does not incorporate an insurance component, it also gives rise to a host of liability issues.

Deepest apologies for involving you in this bureaucratic time waster but we are strong believers in transparency. All members need to be aware of what the VUHC committee are doing.

The VUHC seeks your support in a matter which has far reaching consequences for the future and prosperity of Underwater Hockey in Victoria and Australia.

If you require clarification on anything or wish to discuss the matter please feel free to call me or the VUHC president Dave BM.

Kind regards,
Rees Quilford
VUHC Treasurer

Alexandra · #3 (**permalink**) IP: 144.131.175.152 15-11-07, 08:27 PM

Please find the VUHC By-Laws attached, and follow this link for the AUF Constitution

Alexandra · #4 (**permalink**) IP: 144.131.175.152 15-11-07, 08:33 PM

Dear President,

I am writing this letter to clarify the Australian Underwater Federations position in relation to Life Members. Life membership is conferred upon any person for conspicuous service or contribution to underwater activities whether in a sporting, scientific, technical or administrative role and no membership fee shall be paid or payable in respect to such grade.

This grade of membership must be recognised by all members, affiliate members and organisational members of the federation, all these grades of membership are bound and must conform to the rights and benefits of the AUF constitution.

Any departure from these constituted provisions would contravene the Federal Constitution and as such, members, affiliate members or organisational members would be in breach of the constitution and as such may be expelled or face disciplinary actions as per the provisions of our constitution.

The Federal President Mr Graham Henderson has reported to me that the Victorian Underwater Hockey Commission is in breach of the said rights of membership.

Could you please confirm to me in writing if this is the case? Please be aware that if this is in fact the case your commission would be in breach of the rules, and may liable for disciplinary action or expulsion as a member of the federation after due process.

I would ask that you respond on this matter advising me of the recognised grades of membership for your commission, within 30 days from the date of this letter.

Yours Sincerely,

Ray Horn
Federal Secretary

Alexandra · #5 (**permalink**) IP: 144.131.175.152 15-11-07, 08:42 PM

Dear Federal Secretary,

I am writing in response to your correspondence dated 28/09/2007 concerning the position of the Victorian Underwater Hockey Commission in relation to the AUF’s ‘Honourary Life Member’ grade.

The VUHC acknowledges that an ‘Honourary Life Member’ grade is defined within the AUF constitution and entitles listed persons to a range of privileges specific to the AUF. The VUHC is an incorporated body, under Victorian law, and it is subject to its own By-laws and Constitution.

With respect to the maintenance of the VUHC’s relationship with the AUF. As a functioning State Commission, administering the sport of Underwater Hockey in Victoria, the VUHC is subject to the provisions set out under item 29 of the AUF Constitution:

The VUHC may: “subject to being bound generally by any relevant Aim or Objective of the Federation, impose, elect, create or establish any rules, regulations, conditions of membership (of the commission), means of administration and/or control financial or otherwise and to act with complete autonomy" (Item 29.4)

The VUHC has established its own membership rules, for its own members. Accordingly, the VUHC and its members are not subject to the membership rules of the AUF. As the grade ‘Honourary Life Member’ is specific to AUF, any entitlements which flow from that grade of membership (items 8 & 12 of the AUF Constitution) only extend to membership to the AUF.

As an incorporated body, under Victorian law, the VUHC is subject to its own By-laws and Constitution. As a State Commission of the AUF the VUHC is explicitly given free rein regarding their individual membership rules, regulations, fees etc. The VUHC by-laws clearly state that in order to be eligible to be considered for state team selection a person must be a current financial member of the VUHC Inc.

It is blatantly obvious that Mr Henderson’s claim is ill-informed. The VUHC is not breach of the AUF constitution, therefore cannot be liable for disciplinary action or expulsion of the federation.

Yours sincerely,

David Barry-Macaulay

VUHC President

Alexandra · #6 (**permalink**) IP: 144.131.175.152 15-11-07, 08:55 PM

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

Alexandra · #7 (**permalink**) IP: 144.131.175.152 15-11-07, 09:00 PM

Dear AUF President,

I am writing in response to your letter dated 30 October 2007. Your assertion, that the VUHC’s interpretation of clause 29 contravenes the AUF Constitution, is incorrect and misinformed for the reasons set out in our correspondence dated 26/10/2007 (see attachment).

In respect to your threat of disciplinary action against the VUHC Committee, it seems entirely inappropriate that you are adjudicating an issue that you have a direct conflict of interest in, namely, that you are the AUF president and the issue concerns your AUF honourary life membership.

As a final note, the VUHC again extends its welcome for you to apply for VUHC membership at the cost of $70 ($80 less $10 for the AUF component) through the normal processes available to all persons.

Yours sincerely,

David Barry-Macaulay
VUHC President

Alexandra · #8 (**permalink**) IP: 144.131.175.152 15-11-07, 09:18 PM

Dear Mr President,

I thankyou for your reply of 14/11/2007, The AUF Executive has asked you on several occasions to correct this problem with your constitution, it is now quite clear you are refusing, even after your misinterpretation of the Federal Constitution was pointed out and asked to be corrected.

The AUF now has no alternative but to proceed with a disciplinary tribunal as set out in clause 50 of the Federal Constitution, with regards to your committee's breaches of the constitution. A disciplinary tribunal consisting of 3 AUF Executive committee members will be set up for this process.

I draw your attention to section 17.6 of the Federal Constitution which charges the Federal President with the authority for interpretation of the Federal Constitution and not yourselves as your letter would have us believe.

Further to this I should point out your accretion of a direct conflict of interest is misinformed and misdirected. It has no bearing which grade of membership I hold, the problem lies with your interpretation of the constitution and the categories of membership that you refuse to recognise, whoever holds this grade of membership is irrelevant and the matter is solely about your contravention of the rules with regard to following the Federal Constitution as a representative of the AUF body.

We will shortly be notifying you of a hearing date.

Yours sincerely,

Graham Henderson
Federal President

Alexandra · #9 (**permalink**) IP: 144.131.175.152 15-11-07, 09:28 PM

Please direct discussions of this thread here

Alexandra · #10 (**permalink**) IP: 58.170.200.194 21-11-07, 06:21 PM

Hi All,

So that you are all in the loop I have attached a copy of the latest correspondence from the VUHC to the Underwater Hockey Australia regarding the membership issue.

On a positive note, Mr Henderson recently indicated to Steve Dunn that the current dispute between the AUF and the VUHC will not impact on the nationals in any way.

Yours in the pool,
Rees Quilford
VUHC Treasurer

(Please see next posting for attachment)