NBCA Annual Conference & AGM - Notices of Motions from NSW, Tasmania and Victoria

22-Jun-2006

We have discussed the Notices of Motion from Queensland in our June editorial. Here we present the Notices moved by NSW, Tasmania and Victoria. Feel free to comment.

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Notices of Motion have been submitted by Queensland, NSW, Victoria and Tasmania to the upcoming NBCA Conference and Annual General Meeting to held in Melbourne on 24th and 25th June 2006.

We discussed the Queensland motions in our June editorial, however the remaining motions and the accompanying rationale for each is quite lengthy. We have included these motions here for the consumption of members of the Australian banding movement.

Thank you to Associations for providing this information. Feel freee to respond with comments to: downunder@4barsrest.com

BAND ASSOCIATION OF NSW

From Jeff Markham
Delegate NSW Fire Brigade Band
NBCA Councillor NSW

1. I wish to move a notice of motion to amend the following NBC rule: REGULATION 1.1

Current reading: "Conductor", shall mean a person who is responsible for the continuous instruction of the band, and who is in regular attendance at the bands headquarters in the regularly accepted definition of the term.

Proposed Amendment: "Conductor", shall mean that person nominated on the bands Certified Registration List as provided by the Affiliated State Governing Bodies in accordance with regulation 4.11 as  the conductor.

Rationale: Currently this definition is open to many forms of contradicting interpretation which can cause much confusion between the states and even members on the NBC. As registration is the responsibility of the individual affiliated State Governing Bodies, and as registration rules differ greatly between the states with each state having differing definition of Conductor in their rules which may also be different to this definition in the NBCA rule book, I feel that by amending this rule to reflect the true situation which is that registration of both players and conductors alike is the responsibility of the States, we remove a level of confusion and dispute about who is allowed to conduct a band at a Nationals Competition. 

2. I wish to move a notice of motion to amend the following NBC rule: REGULATION 2.4

Current reading: The format for Brass Championship Contests, including Solo and Party events, shall be held over the Easter weekend. The Concert Band Championship shall be conducted annually at a time approved by the NBCA.

Proposed Amendment: The Brass Championship Contest, including Solo and Party events, shall be held over the Easter weekend. The Concert Band Championship, including Solo and Party events, shall be conducted at a time approved by the NBCA. Both Brass and Concert Band Championships are to be conducted in a format which has been approved by the NBCA.

Rationale: The current rule implies that there is a difference between the Brass and Concert Band Championships in that it does not include any solo and party events for the concert band championships. This amendment corrects this anomaly.
Also, the current rule makes reference to the format, but does not state either what the format for the contests is, or who is to approve or deny this format.
This amendment still allows for the individual states to run the Championships in a format which is best going to suit their venues, timings, etc… but also ensures that this format is reviewed and approved or rejected by the NBCA before it is published.

3. I wish to move a notice of motion to amend the following NBC rule: REGULATION 4.4

Current reading: Except by permission of the state governing body, a conductor shall not conduct a band in a contest unless they are the regular conductor of such band having been registered in that capacity for a period of at least forty-two (42) days prior to the date of the contest in question.

Proposed amendment: A conductor shall not conduct a band in a contest unless they have been registered with that Band for a period of not less than forty-two (42) days prior to the date of such contest and that they satisfy any criteria required for the position as set down by the individual bands  affiliated State Governing Body.
Compliance with any such criteria will be assumed upon receipt of the certified list provided by the Affiliated State Governing Body as per regulation 4.11 containing the conductors name, position and signature.
In the case of an emergency, special permission may be granted in terms of regulation 4.10.

Rationale: As per the rationale for my proposed change to Regulation 4.1, Registration of all players is regulated by the individual states and each state has a different definition of Conductor and different qualifications around what a conductor can and cannot do. With the current situation being that the states ultimately decide who qualifies to conduct a band as per their registration list, and as per their own rules, I believe that the NBCA regulations should reflect the reality of the way the registrations and regulations operate without adding an additional and often different interpretation to the mix which can often only serve to confuse or create a grey area.   

4. I wish to move a notice of motion to amend the following NBC rule: REGULATION 5.4

Current reading: A and B Grade Bands playing in Championship contests must play percussion instruments as indicated in the score. Bands not in possession of Timpani must substitute other percussion instruments. In the event of a Band failing to comply with this regulation, the adjudicator shall indicate in their results a deduction of three (3) points from the points allocated.

Proposed amendment: Delete this rule completely.

Rationale: An adjudicator adjudicates a band on what he or she hears compared to what is indicated on the score. If a band does not play all the indicated percussion parts then an adjudicator will mark these missing parts as an error in his total assessment of the performance of the work. As adjudicators are screened, (see regulation 7.8), the practical application of this rule no longer exists.

5. I wish to move a notice of motion to amend the following NBC rule: REGULATION 5.5

Current reading: Bands may change their personnel and instrumentation during a contest provided that such alterations are made from the registered members of the Band.

Proposed Amendment: Bands may change their personnel and instrumentation during a contest provided that such alterations are made from the registered members of the Band and that these personnel appear on the certified list as per regulation 4.11 as provided by the affiliated State Governing Body.

Rationale: Currently, there is no mention of the Certified List for substituted personnel. This amendment will clarify this and ensure compliance with regulation 4.11 and removes any other interpretation.

6. I wish to move a notice of motion to amend the following NBC rule: REGULATION 15.6

Current reading: Any member of a Band approaching a member of any other Band without the latter Band's consent with the object of enticing them to leave that Band shall, if found guilty of the offence, be disqualified by the State Governing Body for a term of not less than one (1) year.

Proposed amendment: Delete this regulation completely.

Rationale: I believe that this rule is totally unenforceable. By having this rule in place, it provides our member bands with the possibility of involving the NBCA in their own internal politics and matters of registration, which according to NBCA regulation 4.2 is the responsibility of the State Governing Body.

7. I wish to move a notice of motion to amend the following NBC rule: REGULATION 15.7

Current reading: Any Band playing a player suspended, disqualified or fined at a rehearsal, public performance or Contest shall render itself liable to a fine, suspension and / or disqualification by the affiliated State Governing Body having the jurisdiction.

Proposed amendment: Any Band playing a player suspended, disqualified or fined at a Contest shall render itself liable to disqualification.

Rationale: It is not possible to police attendance of players at rehearsals and public performances for all bands. This rule in its current format can not be completely applied.

8. I wish to move a notice of motion to amend the following NBC rule: REGULATION 15.8

Current Reading: Upon a written report being received by an affiliated State Governing Body or the Chief Supervisor that a registered member of a Band has, within a period of forty-two (42) days of the Contest, refused to play with such Band at a Contest, the member shall be cited to appear before or forward a statutory declaration to the affiliated State Governing Body or the Chief Supervisor as the case may be, to show cause why they should not be disqualified from further Contesting. Should it be proven to the satisfaction of the State Governing Body or the Chief Supervisor, as the case may be, that a member is not reasonably justified in their action, they shall be disqualified from Contesting for a period of not less than one (1) year. In the event of the Band concerned proving to the satisfaction of the State Governing Body or the Chief Supervisor that the defection of such member will seriously handicap the Band in a coming Contest, the State Governing Body or the Chief Supervisor may grant an emergency in accordance with regulation 4.10 but the Band shall not be entitled to an emergency unless the circumstances surrounding the case are such as to merit the disqualification of the player complained of.

Proposed amendment: Delete this rule completely.

Rationale: Once again, this rule is interfering in a State based registration matter and provides for the NBCA to be involved in internal Band politics.
It is my firm belief that if a player refuses to play with a Band then making them play under threat of disqualification from Contesting could be a suicidal path for a Contesting Band, with the Band risking that such player could sabotage the Bands performance. Internal politics is not the place of the NBCA and Registration issues are all to be dealt with by the affiliated State Governing Bodies.

Moved by:
Jeff Markham
Delegate NSW Fire Brigade Band
NBCA Councillor NSW

TASMANIAN BANDS' LEAGUE

NOTICES OF MOTION TO AMEND THE NBCA REGULATIONS

from David Peters
President Tasmanian Bands' League

1. REGULATION 4.3

Current Reading: A Band, when joining an affiliated State Governing Body or renewing its membership thereof, shall simultaneously forward a complete list of players or any other requirements called for by that State.
Any Band with sufficient members to Contest two (2) or more Bands in Senior Grade MUST register each Band as a separate unit. However the Junior component from the Band may be drawn from the overall registration.

Proposed Amendment: A Band, when joining an affiliated State Governing Body or renewing its membership thereof, shall simultaneously forward a complete list of players, including conductor, or any other requirements called for by that State.
Any Band with sufficient members to Contest two (2) or more Bands in Senior Grade MUST register each Band as a separate unit. However the Junior component from the Band may be drawn from the overall registration.

Rationale: To maintain consistency with the registration regulations.

2. REGULATION 4.4

Proposed Amendment: Amend by adding "A person may register as a conductor with more than one band."

Rationale: To recognize in the regulations, the practice that has been permitted in the past.

3. REGULATION 4.6

Current Reading: A person joining a Band as a new member (or by transfer) must remain registered with that Band for at least six (6) months. They shall not be permitted to register with the Band they were immediately previously registered with, unless approved by their State Governing Body due to exceptional circumstances, until the expiry of a period of eighteen (18) months from the date of their last registration.
Transfers shall not be allowed to competing Bands within forty-two (42) days of a Contest.

Proposed Amendment: A person joining a Band as a player, whether as a new registration or by transfer, must remain registered with that Band for at least six (6) months. They shall not be permitted to register with the Band they were immediately previously registered with, unless approved by their State Governing Body due to exceptional circumstances, until the expiry of a period of eighteen (18) months from the date of their last registration.
Transfers shall not be allowed to competing Bands within forty-two (42) days of a Contest.

Rationale: The current rule is ambiguous as it refers to members, without defining what the term means.  The proposed amendment is intended to clarify the current situation. It should also be consistent if any of the proposed changes to Regulation 4.4 are adopted.

4. REGULATION 4.11

Current Reading: The affiliated State Governing Body shall certify and forward not later than fourteen (14) days prior to the commencement date of a Contest a certified list of registered members including the personal signatures of those participating in the respective Championships for each Band competing, to the Secretary of the State Governing Body in which such Contest is being held and notify the Grade of the Band. Any registered players whose signature does not appear on the sheet and is not verified by the affiliated State Governing Body by the due date will be ineligible to compete in that Championship.

Proposed Amendment: The affiliated State Governing Body shall certify and forward not later than fourteen (14) days prior to the commencement date of a Contest a certified list of registered players and conductor, including the personal signatures of those participating in the respective Championships for each Band competing, to the Secretary of the State Governing Body in which such Contest is being held and notify the Grade of the Band. Any registered players or conductor whose signature does not appear on the sheet and is not verified by the affiliated State Governing Body by the due date will be ineligible to compete in that Championship.

Rationale: Regulation 14.3 requires conductors to complete the sign-on sheet.  The proposed amendment ensures that the conductors details have been recorded and certified by the State Governing Body.

5. REGULATION 9.3

Current Reading: A Registered Conductor may, subject to Regulation 4.1, compete in Solo and Party Competitions.

Proposed Amendment: A Registered Conductor may compete in Solo and Party Competitions only if he or she is also registered as a player and otherwise complies with the provisions of Regulation 4.1.

Rationale: On a number of occasions over the past few years there have been queries raised about the eligibility of conductors to participate in Party events.  The proposed amendment is intended to clarify their eligibility.

6. REGULATION 9.11 

New Rule: Percussion players may participate in Party competitions but shall be counted as members of the Party.

Rationale: Regular queries are received about the eligibility of percussion quartets or quintets and whether or not a quartet or quintet can include a percussionist.  The proposed amendment is intended to clarify that both are permissible whilst ensuring that it does not create a situation of quartet or quintet plus percussion.

7. REGULATION 16.3

Current Reading: The Secretary of the affiliated State Governing Body, NBCA Contest Liaison Officer, or the Chief Supervisor may at any time prior to the announcement of places in the section of the Band protested against, or in the relevant Party or Solo Competition, lodge with the Contest Administrator a protest against any competing Band, Party or Soloist. All Bands that have entered shall be allowed to compete. Any protest must not be considered by the Protest Committee until the Band has completed that performance.

Proposed Amendment: The NBCA Contest Liaison Officer, or the Chief Supervisor may at any time prior to the announcement of results in the section of the Band protested against, or in the relevant Party or Solo Competition, lodge with the Contest Administrator a protest against any competing Band, Party or Soloist. All Bands that have entered shall be allowed to compete. Any protest must not be considered by the Protest Committee until the Band has completed that performance.

Rationale: Queries have been raised in the past as to whether the reference to Secretary relates to any secretary or only the secretary of the host State.  In practical terms, the option of a protest by a secretary has not been exercised for many years, if ever.  The proposed amendment is intended to clarify the regulation.

8. REGULATION 16.4

Current Reading: Any protest against a Band, Party or Soloist other than one made by the affiliated State Governing Body or the Chief Supervisor must be lodged with the Contest Administrator or a member of the Protest Committee not later then fifteen (15) minutes after the decision of the Adjudicator has been announced and the protest fees prescribed in Regulation 16.6 must be paid at the same time.

Proposed Amendment: A protest against a Band my be lodged by the conductor, drum major or secretary of a band competing in the same section. A protest against a soloist or party may be lodged by a soloist or a conductor of a party, respectively, competing in the same section or, in the case of a junior section, a representative of that soloist or conductor. Any protest must be lodged at the Contest Office not later than 15 minutes after the results of the section have been announced.  The person protesting shall state clearly the grounds for the protest and shall pay the protest fee prescribed in Regulation 16.6 at the time the protest is lodged.

Rationale: The current regulation opens the possibility of protest to any person, including members of the general public.  To ensure the regulation is manageable, and that the protestor has some credible basis for participating in a protest action, it is proposed to restrict the number of categories of person that is permitted to protest.  The proposed amendment also requires that the protestor details the grounds of the protest at the outset.

9. REGULATION 16.11

Current Reading: Any person aggrieved may appeal to the National Band Council of Australia against such decision, but otherwise the decision of the Protest Committee shall be final and conclusive. Any notice of appeal must be lodged in writing accompanied by a fee of $100 within 7 days. Should the NBCA declare any appeal unwarranted, it may order the whole or any portion of such fee be forfeited and fees so forfeited become the property of the NBCA.

Proposed Amendment: A party to a protest may appeal to the National Band Council of Australia against a decision of a Protest Committee, but otherwise the decision of the Protest Committee shall be final and conclusive. Any notice of appeal must be lodged in writing accompanied by a fee of $100 within 7 days. Should the NBCA declare any appeal unwarranted, it may order the whole or any portion of such fee be forfeited and fees so forfeited become the property of the NBCA.

Rationale: Consistent with the proposed amendment to Regulation 16.4, this proposal intends to restrict the right of appeal to only those that participated in the initial protest.

VICTORIAN BANDS' LEAGUE INC

SUBMISSION TO NATIONAL BAND COUNCIL OF AUSTRALIA JUNE 2004 - DUAL REGISTRATION (STUDENT)

In or about May 1995 the VBL instituted a system of limited dual registration of student players between a "primary" band (the student's home band) and a "secondary band".  In the usual situation, the primary band would be in a country area, and the secondary band in a regional or metropolitan area, and they would be separated by a considerable distance (100 Km or more).  The system was initially trialled for two years before being finally ratified.

The aim of this system is to assist the primary band, and also the player.  The primary band keeps the player on its registration list, and maintains contact with the player.  The player is able to perform with the secondary band, including at all contests within Victoria.  This may be at a higher level if the secondary band is in a higher grade than the primary band, which would be seen as an advantage to the player, allowing the gaining of experience.

The checks in place are:-
(a) The arrangement is for one year, renewable by a further year, giving a maximum of two years only, although given the fact that many course are of twice that duration, there is a suggestion that the scheme could be extended for a longer period.
(b) The student is required to show proof of continuing enrolment in an appropriate course near the secondary band.
(c) The student is obliged to notify all parties if he/she is no longer bona fide enrolled as a student.

The Rule, and other information relating to the system is attached as Annexure 1.

There have been minor difficulties relating to permits, due to the fact that the permit procedures for dually registered students were not specified when the new rule came into force.  The Victorian Delegates recently decided that permits in this case must be obtained from the primary band.

The Victorian Delegates have recently been advised that, because the system is not recognised at National level, students whose secondary band contests at a National level cannot then play with their secondary band, except on permit.  As noted above they are often performing at a high level in this case, and the secondary band wants them to be available.  Even if it is not openly suggested by the secondary band, the student, not wanting to let them down, eventually opts to dispense with the affiliation with the primary band, and becomes a full registrant with the secondary band.  Thus the Victorian Delegates have noted that their initial aims for the system are being negated by the lack of its recognition at National level.

For that reason, Victoria presents the following motion:-
THAT the following be added to the end of paragraph 2 of Regulation 4.1 of the Australian National Band Championship Contest Regulations  "however, if a player's State Governing Body has authorised a system of Dual Registration for students only, and the player is registered with two bands in the same category and situated more than 110 Km apart, then both registrations shall be accepted."; and

THAT the following be added to the end of paragraph 3 of Regulation 4.10 of the Australian National Band Championship Contest Regulations  "Where a player is dually registered under a system of Dual Registration for students only, a permit for that player may only be granted by the band of original registration (the primary band)."

ANNEXURE 1

EXTRACT FROM THE VBL CONTESTING & FUNCTION RULES

8. DUAL REGISTRATION (STUDENTS ONLY)

Note: This rule must not be confused with a similarly worded expression in N.B.C.A. Regulation 97.

Students, Secondary and/or Tertiary, who are required to move temporarily to another place of residence in order to attend school, college or University, may register with a band of the same classification i.e. Brass or Concert, centred near their temporary place of residence.  In this way they can continue to be fully involved in banding whilst continuing their studies.  The student's usual (Primary) place of residence and temporary (Secondary) place of residence must be of radius 100 Kilometres or more apart.

The Dual Registration is allowed for one (1) Calendar year from date of signing Registration Application, with the option of a further Calendar year if desired.
The Student remains a playing member of their original band with normal obligations of membership.

The player may cancel the Dual Registration at any time by notifying the League in writing.  Only one application per player/student per Calendar Year is permitted.

(1) A band at the Secondary location who gets a player  eligible and agreeable  to Dual Registration must contact the Primary band, preferably in writing, to seek permission for Dual Registration.

(2) When both bands and player are agreed, and there are no matters  in dispute, two forms are to be completed.

1. A Blue form "DUAL REGISTRATION APPLICATION  - STUDENT" shall be filled out by the Secondary Band.  A new Registration Fee of two (2) Dollars, or such other fee as set by the League shall accompany the application.

2. A specially prepared "Statutory Declaration" available from the League office.

(3) On receipt of the appropriate forms at the League a special set of Blue Registration Cards will be prepared with one copy sent to the Secondary Band.

(4) In the case where a dually registered player ceases to be a full time student and therefore becomes ineligible to continue with dual registration the player must advise both the Victorian Bands' League Inc and the Secondary Band of that fact, and at the same time obtain a completed Compliance/Non Compliance form from the Secondary Band and forward same to the League office.

(5) In a case where a player is registered under the Dual Registration (Students only) Rule and that player wishes to transfer his/her registration from the Primary Band to another Band, the player must advise the Secondary Band of that intention.  Before any such transfer can be completed both the Primary Band and the Secondary Band must furnish to the League a completed ‘Compliance Form' to indicate that both bands are satisfied that the player has no obligation whatsoever to either band.

EXTRACT FROM THE VBL SECRETARYS' MANUAL - DUAL REGISTRATION:

In May 1995 the Delegates approved a new type of registration to assist students who are required to move temporarily to another place of residence in order to attend school, college or university.  This will allow them to register with a band of the same classification eg Brass or Concert, centred near their temporary home.  In this way they can continue to be fully involved in band activities whilst studying.
The student's usual (Primary) place of residence and temporary (Secondary) place of residence must be 100 or more kilometres apart.  The dual registration is allowed for one (1) calendar year, with the option of a further year if desired.  The player may cancel the dual registration at any time.  Only one application per calendar year per player is permitted.
If your band gets a player who is eligible and agreeable to dual registration, your band must write to the player's original band for permission to seek Dual Registration.  Once both bands, and the player are agreed, and there are no matters in dispute, two forms are to be completed :-
i the relevant blue form "DUAL REGISTRATION APPLICATION - STUDENT" must be filled out on behalf of the Secondary Band.
ii a specially prepared yellow form of Statutory Declaration.
Upon receipt of these forms, and the appropriate fee at the VBL Inc office, a set of special blue coloured Registration cards will be prepared and forwarded to the Secretary of the Secondary band.

Please note that the VBL Executive is revising the Victorian Competition Rules and will propose that the Dual Registration system for students remain in force for the duration of a student's course, but be on annual review for proof of student status.  Even if this is eventually accepted by the Delegates it will not greatly affect this proposal to the NBCA.

Do you have any comments on these motions? Send us an email: downunder@4barsrest.com