Most grievances and disputes can be resolved using internal procedures. Occasionally, these processes fail and help from an external party may be required.
An association can make use of professional mediation and dispute resolution services that are available. These services provide intervention in the form of negotiation, mediation and arbitration. This may avoid court action and the services are generally less time consuming and costly.
Where a dispute between individual members or members and the association relating to the rules cannot be resolved through the dispute resolution process as set out in the rules, an application may be made for the dispute to be heard by the State Administrative Tribunal (the SAT).
The SAT has powers to:
There are fees associated with applications to the SAT and more information about the application and hearing processes can be found at www.sat.justice.wa.gov.au or by calling 1300 306 017.
You can also find more information in fact sheets Going to the State Administrative Tribunal and Mediation in the State Administrative Tribunal.
An application can be made to a court to settle certain disputes, for example, where a committee member has mismanaged association funds. Resolving disputes through court action is likely to be costly and may not have the desired outcome. Courts are generally reluctant to interfere with the internal management of associations, particularly where the members have the power to resolve matters themselves. You should seek your own independent legal advice about the avenues available.
Depending on the nature of the concerns, some government departments may be able to provide assistance or advice. For example if the problem relates to:
If the association receives funding and your concerns relate to matters within the funding agreement you may wish to discuss the matter with the funding body.