test Section 2C | Fresh Allsorts

Section 2.C — Cessation of Membership, Termination, Complaints, Disputes and Appeals

[This section describes how membership may be ended by the Member or by the Committee, and the circumstances under which a disciplinary procedure may be brought. It also details the process for appeals and general dispute resolution, incorporating the principles of natural justice and procedural fairness required by the Act.]

Cessation of membership

2.C.1 A person ceases to be a Member if they:

(a) resign under clause 2.C.2;

(b) fail to pay a subscription or fee within a period determined by the Committee, following a written reminder;

(d) have their membership terminated under clause 2.C.6 (Disciplinary Procedure).

2.C.2 A Member may resign by giving written notice to the Secretary.

Termination of membership — disciplinary procedure

2.C.3 If the Committee considers that a Member may have breached this Constitution or a Companion Document, or has otherwise engaged in conduct prejudicial to the Club, it may initiate a disciplinary procedure.

2.C.4 The Committee must give the Member written notice of the allegations, in sufficient detail for the Member to understand and respond to them. The Member has a minimum of fourteen (14) days to respond in writing and, if requested, to be heard in person.

2.C.5 The Committee must appoint a panel of an odd number of people, being no fewer than three (3), to adjudicate the matter. A person who is a party to, or has a conflict of interest in, the matter must not sit on the panel. Panel members may be Committee members, other Members of the Club, or persons external to the Club, at the Committee’s discretion.

2.C.6 The panel must consider the allegations and the Member’s response, and may determine to:

(a) take no further action;

(b) issue a warning;

(d) terminate the Member’s membership.

2.C.7 The panel must give the Member written reasons for its decision.

Appeal

2.C.8 A Member may appeal the panel’s decision by giving written notice to the Secretary within fourteen (14) days of receiving that decision.

2.C.9 An appeal may only be made on the grounds that:

(a) the process under this clause was not properly followed;

(b) material information was not reasonably available to the original panel; or

2.C.10 The Committee must appoint an appeal panel, constituted in accordance with clause 2.C.5, comprising different people from the original panel.

2.C.11 The appeal panel’s decision is final.

General dispute resolution

2.C.12 This clause applies to a dispute other than one dealt with under the Disciplinary Procedure (clauses 2.C.3–2.C.11), arising:

(a) between a Member and another Member acting in their capacity as Members;

(b) between a Member (or Members) and the Club; or

(c) in relation to the interpretation or application of this Constitution, any Companion Document, or a decision of the Committee.

2.C.13 The parties must first meet and make genuine attempts to resolve the dispute in good faith, within fourteen (14) days of written notice unless they agree otherwise.

2.C.14 If the dispute remains unresolved fourteen (14) days after that meeting, either party may refer it for mediation to a Mediator, who must not be a Member (unless all parties agree), must have no conflict of interest, and must not determine the outcome but may assist the parties to reach agreement.

2.C.15 If the parties cannot agree on a Mediator within fourteen (14) days of referral, the Committee must appoint a suitably qualified, independent Mediator. A Committee member who is a party to, or has a material interest in, the dispute must not participate in that appointment, or in any other Committee consideration of the dispute.

2.C.16 Unless otherwise agreed, each party bears its own costs, and the Mediator’s costs are shared equally.

2.C.17 If mediation concludes without resolution, the Committee’s original decision (if any) remains in force, unless otherwise determined by this Constitution or by a court, tribunal or other authority with jurisdiction.

2.C.18 Nothing in this clause prevents the Committee taking reasonable and necessary action to protect the Club, its members, volunteers, employees, property or reputation. A party may obtain independent professional advice at their own expense at any stage.