Informal communication is the most common method for resolving a problem. However if informal discussions fail, then it may become necessary to use the formal dispute resolution process outlined in the association’s rules.
It is important that the members and committee utilise the association’s dispute resolution procedures where the issues cannot be resolved informally. All incorporated associations are required to ensure their rules contain a procedure for dealing with internal disputes involving members and the association.
If the association’s rules don’t include a dispute resolution process the procedure in the model rules is deemed to apply (Refer to Consumer Protection’s website for more information).
If the dispute resolution processes under the rules are exhausted and the complaint remains unresolved the parties may explore other options such as making an application to the State Administrative Tribunal for orders or calling a special general meeting of the membership.
The rules of an association may provide for members to call a special general meeting of the association. The rules will set out the minimum number of members that need to sign a request for a general meeting and you should also check the rules of the association to see if there are any specific timeframes to be followed.
Upon receipt of a request for a special general meeting the committee should confirm that it meets the requirements of the rules and make the necessary arrangements to convene the meeting. If the request is deficient in some way, the committee should provide the requesting members with guidance on the steps to be taken to correct the request.
Normal meeting procedures should be followed at the special general meeting in accordance with the rules of association (see Meetings).
Grievances and disputes may arise as a result of the conduct of one or more management committee members. For example, a committee member may not be acting in the best interests of the association or a committee member may be causing discontent amongst the committee, making it difficult for the management committee to operate.
An association may generally remove a committee member by means of a resolution at a general meeting. The process for removing a committee member should be set out in the rules of the association and the committee member should be given the opportunity to respond to the issues raised.
Where a committee member is removed, the association should take steps to appoint another member. This may be done by a vote of the members at the same meeting or the committee may fill the position using the casual vacancy process (the procedure to be used will depend on the association’s rules).
In some situations, it may be necessary for an association to suspend or expel a member. Members may be expelled for a number of reasons such as serious criminal conduct, failing to comply with the rules of the association and bringing the association into disrepute. Expulsion should be seen as a last resort, when all other options to resolve the problem have been exhausted.
The process for suspension and expulsion are normally set out in the rules of association and must be followed precisely. As a matter of natural justice, the member being suspended or expelled should be given a fair opportunity to be heard (to state their case) and to appeal against a decision.