Please find below a copy of an email relating to this forum post - hope it clears some things up. My response is in italics and underlined.
From: Darren Marshall
Sent: 5 November 2007 1:35 PM
To: Emma Gibbs
Subject: Agenda items
Hi AKSA,
Firstly let me offer an apology to you for starting this thread so publicly. You should make that apology public. You have insinuated a number of times that the people of AKSA are inactive. This is offensive and its hard to respond without emotion. Re-read your post and think about it. I felt that it would grab more of your attention than a single e-mail sent to AKSA. Don’t know why you thought that – we actually read the emails as they come in and never fail to respond to them. Unlike 99% of seabreze posts. As you can see, there are a number of people who also feel the same way as I do and there are probably many many more who just anonymously browse around the forums reading and not replying. There are also many people who are informed and know the real situation without stirring the public and causing dissent towards the AKSA. There are also many who aren’t informed but ask AKSA for answers – I wish there were more like them.
I would also like to thank you for taking at least some action in perhaps redefining AKSA's role or maybe just make everyone more accountable to the members, by keeping up to date minutes and financial statements etc to the members. This is our right as members. Please find attached financial statements as requested. Or go to aksa.com.au for download. Emma will post all current info tonight.
I would like to see discussed the following points.
1. What is the future role of AKSA? and can it be vacated as a shell through which we bargain for insurance and other national items. The future role of aksa is defined in its constitution and the objectives in there - which can be amended by referendum of members. The objectives are currently…
“The objectives of AKSA shall be:
a. To actively encourage, foster, promote, develop and extend the sport of kitesurfing, in a safe and responsible manner in Australia;
b. To organise and encourage participation in kitesurfing and kitesurfing competitions;
c. To collectively support the activities and aspirations of the members of AKSA;
d. To encourage the on-going financial viability of kitesurfing organisations in Australia.”
The actual activities of AKSA will be directed towards achieving these objectives.
2. Can the state associations elected spokespersons (maybe P and VP) become the new reformed AKSA? Absolutely this has been the plan for some years now – the challenge is finding state presidents and vps who have the time to devote to both tasks – hopefully you will soon understand that AKSA is not inactive and administering aksa is infact a very time consuming task. Ideally the board of AKSA would be state reps but we haven’t had success in finding volunteers with the dedication to do both as yet. The search continues. It's obvious that the states are far more adept at handling local issues and are seem by the state members as being much more proactive. Absolutely – which is why AKSA avoids getting involved in local issues wherever possible – also why people like you see AKSA as inactive – if our activities are not in you face then they don’t exist right? Wrong!
3. Can or does AKSA have a responsibility to the members to help the states or even individuals organise a national event, in the form of a structure/program/how to document or even perhaps sponsorship/how to attract sponsors.? Yes – constitutional objective 2 (b) To organise and encourage participation in kitesurfing and kitesurfing competitions; Please find attached some of the documents in our comp organizing assistance pack which has been used by numerous groups and event organizers since it was developed a few years ago. These can be requested from AKSA at any time. There are also good resources available for sponsorship acquisition, however these have not been generalized as each case is usually fairly unique – organizers are usually given tailored advice and assistance where appropriate. The nationals is the sports peak level event and AKSA has the responsibility to the elite level members/competitors to ensure it is as good as it can be. In recent years the committee members have taken to organizing the event themselves but this is taking a huge toll. It is not ideal – the committee members have limited volunteer resources and elite level events are such a small part of the bigger picture that tying up our committee to this activity is leading to other areas being neglected. We are trying to outsource the burden of running the nationals without outsourcing the responsibility of making them great. A tricky balance. Ideally we will get a volunteer or group enthusiastically take on the task with the riders best interests at heart and open to AKSA being heavily involved and setting high standards for the event.
4. Can AKSA take more of a role in assisting IKO in weeding out or assisting in bringing uninsured, unlicensed instructors up to legal status? Yes – as you know there has been a lot of talk lately about this and referring to constitutional objective 1 (a), specifically the words “extend the sport of kitesurfing, in a safe and responsible manner” AKSA has been promoting the IKO for a few years now as the standard for instruction – improving instruction is a huge step towards a safer sport. We have been partially disappointed with the IKO recently for not taking a more proactive role in monitoring their representatives in Australia – this was once the role of IKO reps but this has not been in place for a few years now and the cracks have appeared prominently in some areas. AKSA is currently in discussion with the IKO formally to work on this inadequacy and are offering the IKO assistance in the role.
5. Can AKSA look at perhaps buying the insurance IKO provide in a bulk number at a reduced rate? No! Their cover is better than what is currently provided? No it isn’t! Please see the attached response to a member who had similar questions to yourself. I have inserted excerpts here…
“Member to member liability cover does not exist in kitesurfing due to the dangerous nature of the sport. The insurance industry (since the inception of kitesurfing in Australia) just will not cover member to member liability, it is a risk they are not willing to write policies for. Often some other dangerous sports that generally don't get member to member cover either, such as Rugby League, can pay a ridiculous amount of money to find one insurer who will take on the risk. From information I have received from our brokers, in the case of the NRL Rugby League their figure to get member to member liability covered is a 7 figure sum. Naturally our kitesurfing industry at present cannot support this sum if it ever actually became available which at this stage it is not.
What is covered though is participation risk....if you injure any member of the public (including non-members) which are called Third Party (hence the type of policy) and they wish to sue you, the policy stands and the insurers will address the claim on your behalf.
In addition if any member (yourself or your son) are not actually partaking in the sport (you may be watching on the beach or taking photos) and a member injures you, then you are considered a member of the public as you are not participating and the policy does not discriminate here and would respond also in this instance.
Should a participating member injure another participating member (and as stated earlier member to member liability is not covered) then you would personally have to sue this person should you wish to. They are not insured for member to member liability but they are insured for public liability. Some household policies would in fact respond in this instance.”
“The insurance area is a very complex and detailed issue, not only for AKSA but many other sporting associations. I have spent 5 years working on the various AKSA policies, dealing with legal firms, insurers, brokers and government departments on all the ins and outs that have arisen to date and I am happy to say that this current policy, and the renewing policy as of tomorrow, offer the highest level of cover ever available to our association since its inception 7 years ago. Even up until 2 years ago no Australian based insurer would even look at kitesurfing and this year we have two insurers (due to a company split) willing to offer terms to us. We also have a policy about to be put in place once again to cover office bearer's liability and I am awaiting final details on this. I am always willing to look into all options on behalf of AKSA and more than happy to hear from any members or prospective members who can offer assistance here.
Naturally the dangerous nature of kiting is a major concern for AKSA and we are always striving to increase safety and awareness among our members and the public. Whether people are kiting together or separately, dangerous behaviour is usually what leads to councils or waterways taking action to introduce bans. In almost all cases in Australia of late, AKSA and its state and local associations and indeed it members are quick to take action on any unsafe practices and introduce location rules and guidelines to stamp out the dangerous kiters or those new to the sport that have not had lessons from qualified instructors. We are looking at some new initiatives to introduce in regard to kiter accreditation and instructor accreditation along with risk management plans to increase all levels of safety and awareness also.”
So as you can see the IKO insurance is actually not worth much at all here in Australia and im surprised you actively promote it. Even at a greater cost, this would be welcomed by members I would think. If AKSA could source member to member insurance that would hold up in a claim we would, but currently it is not available.
6. AKSA needs to have a non commercial interested committee. It works here in WA, and we have had more fun stuff organised, better financial management, and not to mention better transparency than AKSA. I reject that – there are no transparency inadequacies in AKSA – simply ask and you will get open honest answers. I also reject the insinuations and suggestions you have made that there are conflicts of interest – AKSA has a register of conflicts of interest and the committee is extremely careful to avoid situations where they might occur. Fortunately we currently have a committee made up of very high caliber characters who have only the best interests for the association and its members at heart. They dedicate themselves to development of the AKSA and so selflessly. They are all intelligent and trustworthy and I strongly reject any allegations that any impropriety has or will occur. Its great that the WA committee is working so well and WAKSA is a fantastic example of a state body to proud of. Not to take away from the admirable and generous contributions of the WAKSA committee I would like to point out the amazing and awe-inspiring job that Alex Bell has done for WAKSA. His efforts have really brought about great things for WAKSA and his ability to contribute so generously and effectively are a rare combination. Last time I raised the issue of having him involved in activities of AKSA, he declined to dedicate his time WAKSA. Honourable and to the benfit of WAKSA members – the sport needs more intelligent, capable, and generous individuals like Alex to give themselves for the benefit of others. Regarding “Fun stuff” – I think this is best left to local and state organizations. AKSA plays a supporting role in these areas only. Regarding better financial management; I don’t like to compare AKSAs activities to WAKSAs – mostly because WAKSA sets the bar so high, but also because we have different roles and situations and apples are not oranges. However, I have no problem whatsoever with the financial management of AKSA. Emma is an accomplished bookkeeper by profession and has been doing a excellent job. I don’t know why you think otherwise?
7. It's a bit out there and something which will creat an animated discussion I'm sure, but to at least put together some ideas to self regulate with a kite surfing license in Australia. This would be similar to PADI, HGFA (Hang gliding federation Australia) license or Firearms license. It doesn't need to be implemented, but if we have something at least in the draft stage so that if there is a serious tragedy and there is a knee-jerk reaction from the authorities, we can show to have been already "onto it" and have something at least in draft form. This will seriously head off a major problem in the future. I think it will be inevitable with the sport growing so rapidly in popularity. This is a classic AKSA type project and would be worthy of some attention. Yes this ideas has been in the background for many years. It has many merits and also some challenges. The IKO card is step in the right direction and I agree there is no reason hinder debate and discussion on this one. One obvious conflict is that it would restrict access to the sport contrary to the first objective of AKSA – however your point of making it safer is valid also.
I'm sure you have all read my posts in the thread on the Seabreeze forum and know how I feel. It never was and still isn't personal, it's about seeing what we originally built continue to grow and fulfil the original intentions of the original committee back in 2001. You keep saying that your posts are not personal but when I read the entire thread you are the only person making references to specific people and making remarks that suggest personal deficiencies within AKSA – if you truly believe you are not making personal digs then you should redirect your language to be more focused on AKSA’s roles and responsibilities and less about the people performing the tasks. To best serve the needs of the members. If this is done through removing the national seperate committee and installing a new committee of committed non biased individuals representing their state, then so be it. The committees as always have been put in place by the members who vote them in – Unfortunately this is usually limited by the number of people volunteering for the role. Having said that I am proud of the current committee and their achievements both this year and in previous years.
I wish you all well in your discussions and deliberations and trust that you will act in the manner required to see the best for all kiters in Australia. Thankyou – you initial query as posted on seabreeze has not been brought up in this recent email… What does AKSA do? I will describe the activities of AKSA for you and if you think if they should be avoided or made the responsibility of the states let us know.
Basic administrative tasks relating to membership – processing memberships – database management, tags, cards and letter distribution, state – aksa fee acquittals and management, quarterly returns and accounting with states, membership enquiry responses.
Affiliated association management – monitoring and quality control of affiliated associations, financial reporting, legal requirements monitoring, affiliation requirements monitoring. If only they were all as organized, accountable and transparent as WAKSA!
General enquirys from public, non members such as tourists and government bodies such as councils, waterways, parks, federal and state lands departments, police, NGOs such as lifeguard associations, tourism bodies, event organizers and many more. Also presentations and representations when requested
Insurance – sourcing the best possible insurance at the best price – see attached email response for details – monitoring aksa endorsed events for safety standards – responding to insurance queries and distributing the best accurate info especially regarding he extend the sport of kitesurfing, in a safe and responsible manner the inadequacies of the IKO insurance.
Website – maintenance and reconstruction’
Treasury – bookkeeping, auditing and financial planning, budgeting and monitoring.
IKO and instructional matters – dealing with IKO and monitoring IKO centres – ordering and distributing IKO products, promoting through our website IKO instructors and centres (monitoring and advertising)
Events and Nationals – setting and maintaining standards for the event – updating criteria and formats, social event and club comp assistance, event calendar collation, rider rankings for event seeding
Safety – injuries register, email queries, communication for safer practices
Newsletters – collection production distribution
Annual reporting – collection production distribution
Marketing/advertising/sponsorship – website and newsletter advertising, nationals spono assistance, general promotion as opportunities arise – usually redirected to appropriate groups
Member benefits – loyalty programs such as budget buddies, and rebel sports discounts
Access protection – lobby government and local authorities – advise local authorities of previous experiences and outcomes from other parts of the country, mobilize local caring kiters into action, facilitate sustainable self regulation for access protection, member education for self regulation, relationship building with govt professionals for long term security beyond fluctuations within volunteer committees.
Im sure you are aware that not all these activities are ongoing and constantly requiring attention, however many of them require immediate action when they do require attention. To achieve this the team of volunteers who regularly contribute to AKSA need to be dedicated and effective when to act. I hope you can also see that not many of these activities are in the faces of our members. It may appear the committee is inactive but this is not the case. I suggest you jump on the committee and contribute yourself to see how active the AKSA committee needs to be at different times of the year.
Perhaps you would like to know where I, as current president, would like to see changes to AKSA - I would like to see AKSA achieve alternative income sources so we can sustainably afford more paid positions for the important roles which are currently relying on volunteer services. While voluntary services are the backbone of the sports administrative bodies, they are inconsistent and unreliable in quality, and quantity. It cannot be any other way – as president I will never demand a volunteer complete a task to the expected standard in a tight timeframe. Volunteers contribute of their own freewill in their own time as available. Families, work and other committments do and will come first. If our members expect professionalism – as do the government agencies we deal with regularly, we need to become professional – ie obliged (by pay) to complete tasks as required on time. I would like to see a board a state representatives direct a team of paid staff to complete the roles of AKSA as defined by the board. However, to achieve this sustainably we need to grow to a sustainable level. This take time and dedication. Comments such as yours don’t help AKSA, regardless of my personal long term vision. What is best for AKSA is unity amongst the sport. Everyone sharing the basic desire to preserve the AKSA – we are very lucky to have it – when you and the initial founders left the AKSA it was in a terrible state and for all accounts it look destined to fold. This is another matter of discussion but I can assure you that kiters from other countries envy the members of AKSA for having what they have.
I would also like to take this opportunity to clear up what appears to be a grey area. Paid positions in AKSA – there have only ever been three to my knowledge – the secretary – emma gibbs has been paid far less than she deserves for some years. In 2005 I was also paid to forward the objective of AKSA – timesheets of activities were kept and each week my first 4 hours of service were unpaid. In weeks when my input went beyond 4 hours I was paid according to timesheets and invoices which records are still kept – this was all reported in the annual report (attached) for that year. It was also the year of most activity and we are still benefiting from this extra contribution. I will happily debate that the benefits outweighed the costs and would advice future committees to seriously consider a similar approach. The position was always considered as unsustainable and always had a termination date defined by an acceptable financial buffer that the AKSA bank balance muyst not fall below. The objectives of eth action were achieved beyond expectation and I am proud of the outcomes of that year. Finally, the third paid position is current and relates to the redevelopment and maintenance of the AKSA website – previous experience of numerous years of trying has showd that volunteer labour for website maintenance is not reliable or sustainable – the decision was made by the current committee that a paid position will be created for this task. This is now in place and working to expectations.
As always, good winds and warm regards, I look forward to your response. Yes thanks for caring – please be more careful in the future in the way you open debate and project pseudo-facts publicly as im sure you only want the best for the AKSA
Darren Marshall
Australian Kiteboarding School
IKO Examiner Oceania
Former AKSA President
Kind Regards,
Mike Walker
Kitethrills and IKO Level 2 Instructor
Dakine Wind/Kite National Sales Manager
Globe Kites (GK) International Technical and Media Contact
AKSA President.