6 September 2024 | Tennis West

Since receiving the Board Governance Review in August 2024, the Tennis West Board has met on several occasions to discuss the review’s findings and recommendations.  Further to the most recent Club Update of 27 August 2024, this communication is to provide a detailed summary of the review, its findings and its recommendations, together with an update on progress made by the Board in implementing the 13 recommendations.

As with any communication, Tennis West recognises that some of its members and stakeholders would like a ‘less is more’ approach, whilst others may wish for a ‘more is more’ approach.  Please be assured that the Board is taking a pragmatic approach to communicating the outcomes of the governance review and is pleased to provide the following summary.

Context to the Governance Review

The Department of Local Government, Sport and Cultural Industries (DLGSC) commissioned an independent review into the governance of Tennis West in late 2023 following a difficult period for the organisation.  The challenges faced by Tennis West that characterised this difficult period were summarised by the independent reviewer to include:

• Difficulties resulting from a challenging Chief Executive transition process;
• Increasing community expectations and government requirements around the conduct and outcomes of not-for-profit governance such as Tennis West;
• The significant uplift in governance processes and expectations from Tennis Australia and DLGSC;
• A dated constitution mandating uncontemporary nomination and election processes;
• Low levels of member engagement with election processes; and
• Significant commercial opportunities available to tennis in Western Australia requiring focus, structured commitment and alignment to secure.

In detailing these challenges, the Report acknowledged that there had been a great deal of effort applied by Tennis West Board directors, Tennis Australia, DLGSC and team members of Tennis West and Tennis Australia to attempt to address the situation, with various action plans and policies and guidelines developed, particularly through the Governance, People and Culture Committee.

The Independent Review of Tennis West Governance report (the Report), completed by the Independent Reviewer in July 2024, was tabled with the Tennis West Board in August 2024.

Purpose and objectives of the governance review

The purpose of the governance review was to provide an independent and well-informed assessment of the governance of the Tennis West Board (the Board) and the organisation, with a view to supporting Tennis West in achieving best practice governance to deliver its constitutional objects of fostering, administering and developing the game of tennis in Western Australia in a way that promotes and betters the sport. The review sought to define a pathway for the Board to achieve high performance in how it operates, and to provide a roadmap for Tennis West to deliver improved governance.  The review’s scope included:

• Assessing governance structures, constitution and policy frameworks;
• Conducting a Board and Chair evaluation process;
• Reviewing the Board and CEO relationships and communication practices;
• Assessing the Board’s sub-committees and processes; and
• Reviewing Tennis West’s strategic planning and decision-making processes.

It is also important to note that future funding releases from DLGSC are linked to the delivery of the review’s key recommendations.

Recommendations

The recommendations within the governance review focussed on four over-arching themes with 13 key actions (outlined below) which the Report proposed be addressed:

1. Refreshing the Board
2. Building respectful relationships
3. Developing sustainable independence
4. Meeting sports governance standards

Importantly, in assessing the current governance structure, constitution, policies and frameworks, the independent reviewer concluded that the current governance structure is sound and fit for purpose as it relates to policies and frameworks.

The report also acknowledged that, prior to the governance review, the Board had launched an initiative around constitutional review to address gaps to modern governance practice in the current constitution, and that several of the recommendations in the Report, including director nominations processes and broader constitutional review, were already on the Board’s agenda.

Board response

The Board has reflected on, and reviewed in detail, the Report, noting both the specific recommendations and the spirit of the same.  Importantly, the review provides clear, forward-looking recommendations to improve governance across four specific areas.  The Board acknowledges the findings of the independent reviewer and is committed to implementing all recommendations.

Having initiated a range of actions, the Board has commenced implementation of many of the 13 recommendations (see below).

Actions – completed and status update

It is important to acknowledge that each of the 13 recommendations are related, and by prioritising those most important and urgent, a foundation will be set for the progressive achievement of best practice governance.  Below is a summary of the progress made since receipt of the governance review in August.

Actions completed

• Recommendation #1: Appointed three independent directors to the Board to fill casual
• Recommendation #2: Conducted a chair election once casual vacancies were filled (September 2024)
• Recommendation # 9: Reviewed and enhanced the Board comprehensive skills matrix (September 2024)
• Recommendation #13: Implemented company secretarial support to improve the efficiency and effectiveness of the Board’s processes and administration (September 2024)

Actions in progress

• Recommendation #4: Developing a standalone Director Code of Conduct in line with the Australian Sports Commission Sports Governance Standards cross-referenced with Tennis West’s declared objects and values
• Recommendation #5: Designing and instituting a formal Board chair appointment process
• Recommendation #6: Increasing transparency of Board and committee discussions and key focus areas and actions
• Recommendation #7 and #8: Defining a more formal nominations process, including redesigning the Nominations Committee
• Recommendation #10: Delivering constitutional change
• Recommendation #12: Achieving and maintaining alignment with the standards of the Australian Sports Commission Sports Governance Standards

Future actions

• Recommendation #3: Conducting an independent board and 360-degree director evaluation by the end of calendar year 2025 with results shared with all relevant stakeholders
• Recommendation #11: Instituting a biennial member review process of the nomination’s protocols and outcomes

Board membership changes

At its meeting on 3 September 2024, the Board accepted Mr Nick Gray’s resignation as President and Tennis West Director, along with fellow Board members Mr. Paul Hemsley and Ms. Karen Vahala, who have also made the decision to resign from the Board, effective immediately.

“The only way the Board can focus on growing tennis in WA is through Board renewal,” former President Nick Gray said. “I wish the Board and management team every success in delivering positive outcomes for the Members and commercialising the game to where it deserves to be.”

The Board passed a vote of thanks and acknowledgement to the three outgoing Board directors for their significant contributions during their time on the Board.  Nick, Paul and Karen remain very respected and highly valued members of the WA tennis community.

President and Vice President appointments

At the Special Board meeting on 3 September 2024, the Board voted in existing director Dr. Pam Cresswell as the new President of Tennis West, with existing director Ms. Joanne Quinn appointed Vice President. Both positions were appointed unopposed and unanimously voted into the roles.

Dr. Pam Cresswell was member elected to the Board in 2019 and has been the Vice President from 2021. In addition, Pam has Chaired the Governance, People and Culture Committee and has been the member representative for WA working with Tennis Australia.  Pam brings a wealth of experience to the role of President, having worked in executive roles at Curtin University as the Head and Deputy Head of the School of Nursing, Midwifery and Paramedicine before her retirement from full time work in 2014. Pam continues at Curtin University as an Adjunct Professor and offers extensive senior executive experience in leading and delivering on strategy and governance, with expertise in planning and execution, risk assessment and professional regulation.

“The future of tennis in WA is at an exciting stage,” President Pam Creswell said. “I am looking forward to working with the Board, the Tennis West team and all our stakeholders to achieve success.”

The renewed Board is committed to fostering and leading tennis in Western Australia strategically, collaboratively, effectively, and values the important framework and roadmap contained within the governance review.

Tennis West Board director appointment processes

Board nominations are currently open (closing on 9 September 2024) to fill two member elected roles (with one of these roles most recently held by Nick Gray, the former President).  These two members elected roles will be filled via an electronic vote, ahead of Tennis West’s Annual General Meeting (AGM) to be held in November.

In addition, the two vacant roles previously held by Karen Vahala and Paul Hemsley will be filled by way of casual vacancies, with the process commencing prior to the AGM.  The Nominations Committee will lead this recruitment process, with an updated skills matrix to guide the calling for nominations.

Conclusion

Beyond the specific recommendations in the review, the Board continues to reflect on the key lessons learned as it seeks to improve governance practices and boardroom culture. The Board is committed to the changes in processes, practices and behaviours required to deliver enduring and positive outcomes for the sport of tennis, with the Board committed to a culture of continuous improvement to support this.

Continued momentum in progressing actions is important as the Board seeks to rebuild relationships with key stakeholders and its membership, with the Board to maintain close oversight to ensure recommendations are embedded and change as advocated in the governance review is delivered.