Agenda – Committee Meeting 15 Apr 26

114. In the event of a dispute arising under the Act or the Constitution between a member and another member, or a member and the Council, a member who is a party to the dispute may make a written request to the Committee to appoint a person or persons to hear and determine the dispute.

115. Within 21 days of receiving such a request the Committee shall appoint an unbiased person or persons to hear and determine the dispute (the decision-maker/s). A decision-maker may be a person who is not a member of the Council, but who has appropriate experience or expertise to hear and determine the dispute.

116. The Committee shall, without undue delay serve upon all parties involved in the dispute a notice in writing:

a) outlining the general nature of the dispute

b) identifying the decision-maker/s appointed to hear and determine the dispute, and

c) stating the date, time and place at which the dispute resolution hearing shall take place.

117. A member may appoint any person to act on behalf of the member in the dispute resolution procedure.

118. The decision-maker/s must ensure that each party involved in the dispute is given an opportunity to be heard on the matter which is the subject of the dispute, either orally or in writing or both.

119. The decision-maker/s shall, within 21 days of hearing the dispute, notify each party to the dispute, in writing, about the decision and give reasons for the decision.

120. A member on whom a notice under clause 119 of this Constitution is served may appeal against the decision to a General Meeting by delivering or sending by email to the Secretary, within 7 days after the service of that notice, a petition in writing demanding the convening of a meeting for the purpose of hearing an appeal from the decision made by the decisionmaker/s.

121. Upon receipt of a petition under clause 120, the Secretary shall forthwith notify the Committee of its receipt and the Committee shall thereupon cause a General Meeting of members to be held within 21 days after the date on which the petition is received by the Secretary.

122. At a General Meeting convened pursuant to clause 121 –

a) no business other than the appeal from the decision made by the decision-maker shall be transacted,

b) the member appealing the decision may place before the meeting details of the dispute and the grounds upon which the appeal is being made,

c) all parties to the dispute and the decision-maker/s shall be given an opportunity to be heard; and

d) the members present, except for any members who were parties to the dispute or appointed decision-maker/s, shall vote on the question of whether the decision appealed from should be overturned, varied, or confirmed.

123: If a member has initiated a dispute resolution in relation to a dispute between the member and the Council, the Council must not take disciplinary action against any of the following people in relation to the matter which is the subject of the dispute resolution procedure until the dispute resolution procedure has been completed:

a) the member who initiated the dispute resolution procedure (complainant member);

b) a member of the association appointed by the complainant member to act on behalf of the complainant member in the dispute resolution procedure.

(a)     a member and another member; or

(b)     a member and the association.

Note     Any power of an incorporated association to adjudicate a dispute under this section is subject to the rules of natural justice (see s 50).

(2) A member may appoint any person to act on behalf of the member in the dispute resolution procedure.

(3) In applying the dispute resolution procedure, the association must ensure that—

(a)     each party to the dispute has been given an opportunity to be heard on the matter which is the subject of the dispute; and

(b)     the outcome of the dispute is determined by an unbiased decision-maker; and

(c)     the decision-maker notifies each party to the dispute, in writing, about the decision and gives reasons for the decision; and

(d)     to the extent that doing so is compatible with paragraphs (a) to (c), the dispute resolution procedure is completed as soon as is reasonably practicable; and

(e)     the dispute resolution procedure includes an appeal process.

(4) If a member has initiated a dispute resolution procedure in relation to a dispute between the member and the association, the association must not take disciplinary action against any of the following people in relation to the matter which is the subject of the dispute resolution procedure until the dispute resolution procedure has been completed:

(a)     the member who initiated the dispute resolution procedure ( complainant member );

(b)     a member of the association appointed by the complainant member under subsection (2) to act on behalf of the complainant member in the dispute resolution procedure.

103. Subject to section 50 of the Act, where the Committee has determined by resolution that a member has acted in a manner prejudicial to the interests of the Council to a degree that is sufficient to warrant their suspension or expulsion from membership of the Council, the Committee shall as soon as practicable cause a notice in writing to be served on the member stating:

a) the terms of the resolution of the Committee and the grounds on which it is based;

b) that the member may address the Committee at a meeting to be held not earlier than 14 days and not later than 35 days after service of the notice;

c) the date, place and time of that meeting;

d) that the member may attend at the meeting and speak at the meeting or submit to the Committee at or prior to the meeting written representations relating to the resolution.

104. At the meeting of the Committee referred to in clause 103 the Committee shall:

a) give the member an opportunity to make oral representations

b) give due considerations to any written representations submitted to the Committee by the member at or prior to the meeting; and

c) by resolution decide whether to suspend or expel the member from membership of the Council.

105. Where the Committee resolves to suspend or expel the member from membership of the Council, the Secretary shall, within 7 days of the resolution, by notice in writing inform the member of that decision and of the member’s right of appeal pursuant to clauses 107 to 112.

106. A resolution made by the Committee to suspend or expel a member does not take effect until the expiration of the period within which the member is entitled to appeal where the member does not appeal, or if the member does appeal unless and until the Council confirms the resolution pursuant to clause 111.

Right of Appeal of Member

107. A member on whom a notice under clause 105 of this Constitution is served may appeal against the suspension or expulsion to a General Meeting by delivering or sending by email to the Secretary, within 7 days after the service of that notice, a petition in writing demanding the convening of a meeting for the purpose of hearing his or her appeal.

108. Upon receipt of a petition under clause 107 the Secretary shall forthwith notify the Committee of its receipt and the Committee shall thereupon cause a General Meeting of members to be held within 21 days after the date on which the petition is received by the Secretary.

109. At a General Meeting convened pursuant to clause 108 –

a) no business other than the question of the suspension or expulsion shall be transacted,

b) the Committee may place before the meeting details of the grounds of the suspension or expulsion and the Committee’s reasons for the suspension or expulsion,

c) the member shall be given an opportunity to be heard; and

d) the members present, except for any members who voted in the decision of the Committee to suspend or expel the member, shall vote on the question of whether the suspension or expulsion should be lifted or confirmed.

110. If at this Meeting a majority of the members present vote in favour of the lifting of the suspension or expulsion, it shall be deemed to have been lifted and the member is entitled to continue his or her membership of the Council.

111. If at this General Meeting a majority of the members present vote in favour of the confirmation of the suspension or expulsion, the suspension or expulsion takes immediate effect.

112. A member who is the subject of a procedure to suspend or expel them must not initiate a dispute resolution procedure in relation to the matter which is the subject of the suspension or expulsion procedure until the suspensions or expulsion procedure has been completed.

Removal of Committee Members

113. The Council in General Meeting may by resolution, subject to section 50 of the Act, remove any member of the Committee from the office of member of the Committee before the expiration of the member’s term of office.

(2) Subject to subsections (3) and (4), the procedure (a disciplinary procedure ) under which disciplinary action is taken must be in accordance with the procedure (if any) provided by the rules of the association.

(3) In applying the disciplinary procedure, the association must ensure that—

(a) the member who is the subject of the disciplinary procedure—

(i) is told the grounds upon which the disciplinary action against the member is proposed to be taken; and

(ii) has been given an opportunity to be heard in relation to the matter; and

(b) the outcome of the disciplinary procedure is decided by an unbiased decision-maker; and

(c) the decision-maker notifies the member, in writing, about the decision and gives reasons for the decision; and

(d) the disciplinary procedure includes an appeal process; and

(e) to the extent that doing so is compatible with paragraphs (a) to (d), the disciplinary procedure is completed as soon as is reasonably practicable.

(4) A member of an incorporated association who is the subject of a disciplinary procedure must not initiate a dispute resolution procedure in relation to the matter which is the subject of the disciplinary procedure until the disciplinary procedure has been completed.